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X/irginia  Election  Laws 

IN  EFFECT  JUNE  18,  1922 


ISSUED  BY 


B.  O.  JAMES 

Secretary  of  the  Commonwealth 


Compiled   by 

C.  H.  MORRISSETT 

Director  of  the  Legislative  Reference  Bureau 


QQ 

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RICHMOND: 

DAVIS  BOTTOM,  SUPERINTENDENT  OP  PUBLIC  PRINTING 
1922 


Virginia  Election  Laws 

IN  EFFECT  JUNE  18,  1922 


ISSUED  BY 

B.  O..  JAMES 

Secretary  of  the  Commonwealth 


Compiled    by 

C.  H.  MORRISSETT 

Director  of  the  Legislative  Reference  Bureau 


RICHMOND: 

DAVIS  BOTTOM,  SUPERINTENDENT  OF  PUBLIC  PRINTING 
1922 


Virginia  Election  Laws 


COMMONWEALTH  OF  VIRGINIA, 
OFFICE  OF  THE  SECRETARY  OF  THE  COMMONWEALTH, 
RICHMOND,  VA.,  June  18,  1922. 

The  following  election  laws,  compiled  from  the  Constitution 
and  Code  of  Virginia,  as  amended  to  date,  are  published  pri- 
marily for  the  information  of  officers  engaged  in  conducting 
elections  and  ascertaining  and  certifying  their  results.  This 
publication  also  contains  the  act  approved  March  20,  1920,  ex- 
tending the  right  of  suffrage  to  women.  With  reference  to  elec- 
tions in  cities  and  towns,  it  should  be  noted  that  only  the  more 
important  provisions  of  the  Code  are  inserted. 


, 

Secretary^  o/  t 
•it  •    \:  I  :/:  •  : 


the  Commonwealth. 


Sections  of  the  Constitution  of  Virginia 

Sec.  18.  Qualifications  of  voters. — Every  male  citizen  of  the  United  States,  twenty- 
one  years  of  age,  who  has  been  a  resident  of  the  State  two  years,  of  the  county,  city,  or 
town  one  year,  and  of  the  precinct  in  which  he  offers  to  vote,  thirty  days,  next  preceding 
the  election  in  which  he  offers  to  vote,  has  been  registered  and  has  paid  his  State  poll 
taxes,  as  hereinafter  required,  shall  be  entitled  to  vote  for  members  of  the  General  As- 
sembly and  all  officers  elective  by  the  people ;  but  removal  from  one  precinct  to  another, 
in  the  same  county,  city  or  town  shall  not  deprive  any  person  of  his  right  to  vote  in  the 
precinct  from  which  he  has  moved,  until  the  expiration  of  thirty  days  after  such  re- 
moval. 

Sec.  19.  Registration  of  voters;  who  are  entitled  to  register  prior  to  1904.— There 
shall  be  general  registrations  in  the  counties,  cities  and  towns  of  the  State  during  the 
years  nineteen  hundred  and  two  and  nineteen  hundred  and  three  at  such  times  and  in  such 
manner  as  may  be  prescribed  by  an  ordinance  of  this  Convention.  At  such  registrations 
every  male  citizen  of  the  United  States  having  the  qualifications  of  age  and  residence  re- 
quired in  section  eighteen  shall  be  entitled  to  register,  if  he  be: 

First.  A  person  who,  prior  to  the  adoption  of  this  Constitution,  served  in  time  of 
war  in  the  army  or  navy  of  the  United  States,  of  the  Confederate  States,  or  of  any 
State  of  the  United  States  or  of  the  Confederate  States  ;  or, 

Second.     A  son   of   any   such   person  ;   or, 

Third.  A  person,  who  owns  property,  upon  which,  for  the  year  next  preceding  that  in 
which  he  offers  to  register,  State  taxes  aggregating  at  least  one  dollar  have  been  paid  ;  or, 

Fourth.  A  person  able  to  read  any  section  of  this  Constitution  submitted  to  him  by 
the  officers  of  registration  and  to  give  a  reasonable  explanation  of  the  same ;  or,  if  unable 
to  read  such  section,  able  to  understand  and  give  a  reasonable  explanation  thereof  when 
read  to  him  by  the  officers. 

A  roll  containing  the  names  of  all  persons  thus  registered,  sworn  to  and  certified  by 
the  officers  of  registration,  shall  be  filed  for  record  and  preservation,  in  the  clerk's  office 
of  the  circuit  court  of  the  county,  or  the  clerk's  office  of  the  corporation  court  of  the 
city,  as  the  case  may  be.  Persons  thus  enrolled  shall  not  be  required  to  register  again, 
unless  they  shall  have  ceased  to  be  residents  of  the  State,  or  become  disqualified  by  sec- 
tion twenty-three.  Any  person  denied  registration,  under  this  section  shall  have  the 
right  of  appeal  to  the  circuit  court  of  his  county,  or  the  corporation  court  of  his  city, 
or  to  the  judge  thereof  in  vacation. 

Sec.  20.  Who  may  register  after  1904. — -After  the  first  day  of  January,  nineteen  hun- 
dred and  four,  every  male  citizen  of  the  United  States,  having  the  qualifications  of  age 
and  residence  required  in  section  eighteen,  shall  be  entitled  to  register,  provided: 

First.  That  he  has  personally  paid  to  the  proper  officer  all  State  poll  taxes  assessed 
or  assessable  against  him,  under  this  or  the  former  Constitution,  for  the  three  years 
next  preceding  that  in  which  he  offers  to  register  ;  or,  if  he  come  of  age  at  such  time 
that  no  poll  tax  shall  have  been  assessable  against  him  for  the  year  preceding  the  year 
in  which  he  offers  to  register,  has  paid  one  dollar  and  fifty  cents,  in  satisfaction  of  the 
first  year's  poll  tax  assessable  against  him  ;  and, 

Second.  That,  unless  physically  unable  to  make  application  to  register  in  his  own 
handwriting,  without  aid,  suggestion,  or  memorandum,  in  the  presence  of  the  registration 
officers,  stating  therein  his  name,  age,  date  and  place  of  birth,  residence  and  occupation 
at  the  time  and  for  the  two  years  next  preceding,  and  whether  he  has  previously  voted, 
and,  if  so,  the  State,  county,  and  precinct  in  which  he  voted  last;  and, 

Third.  That  he  answer  on  bath  any  and  all  questions  affecting  his  qualifications  as 
an  elector,  submitted  to  him  by  the  officers  of  registration,  which  questions,  and  his 
answers  thereto,  shall  be  reduced  to  writing,  certified  by  the  said  officers,  and  preserved 
as  a  part  of  their  official  records. 

Sec.  21.  Conditions  for  voting. — Any  person  registered  under  either  of  the  last  two 
sections,  shall  have  the  right  to  vote  for  members  of  the  General  Assembly  and  all  officers 
elective  by  the  people,  subject  to  the  following  conditions : 

That  he,  unless  exempted  by  section  twenty-two,  shall,  as  a  prerequisite  to  the  right 
to  vote  after  the  first  day  of  January,  nineteen  hundred  and  four,  personally  pay,  at 
least  six  months  prior  to  the  election,  all  State  poll  taxes  assessed  or  assessable  against 
him,  under  this  Constitution,  during  the  three  years  next  preceding  that  in  which  he 
offers  to  vote ;  provided,  that,  if  he  register  after  the  first  day  of  January,  nineteen  hun- 
dred and  four,  he  shall,  unless  physically  unable,  prepare  and  deposit  his  ballot  without 
aid,  on  such  printed  form  as  the  law  may  prescribe,  but  any  voter  registered  prior  to 
that  date  may  be  aided  in  the  preparation  of  his  ballot  by  such  officer  of  election  as  he 
himself  may  designate. 


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4  Virginia  Election  Laws 

Sec.  22.  Payment  of  poll  tax  by  veterans  of  Civil  War  not  prerequisite  to  their 
right  to  vote:  when  payment  of  poll  tax  enforced. — No  person  who,  during  the  late  war 
between  the  States  served  in  the  army  or  navy  of  the  United  States,  or  the  Confederate 
States,  or  any  State  of  the  United  States,  or  of  the  Confederate  States,  shall  at  any  time 
be  required  to  pay  a  poll  tax  as  a  prerequisite  to  the  right  to  register  or  vote.  The  collec- 
tion of  the  State  poll  tax  assessed  against  any  one  shall  not  be  enforced  by  legal  process 
until  the  same  has  become  three  years  past  due. 

Sec.  23.  Persons  excluded  from  registering  and  voting. — The  following  persons  shall  be 
excluded  from  registering  and  voting :  Idiots,  insane  persons  and  paupers  ;  persons  who, 
prior  to  the  adoption  of  this  Constitution,  were  disqualified  from  voting,  by  conviction  of 
crime,  either  within  or  without  this  State,  and  whose  disabilities  shall  not  have  been 
removed ;  persons  convicted  after  the  adoption  of  this  Constitution,  either  within  or  with- 
out this  State,  of  treason,  or  of  any  felony,  bribery,  petit  larceny,  obtaining  money  or 
property  under  false  pretenses,  embezzlement,  forgery,  or  perjury ;  persons  who,  while 
citizens  of  this  State,  after  the  adoption  of  this  Constitution,  have  fought  a  duel  with  a 
deadly  weapon,  or  pent  or  accepted  a  challenge  to  fight  such  duel,  either  within  or  with- 
out this  State,  or  knowingly  conveyed  a  challenge,  or  aided  or  assisted  in  any  way  in 
the  fighting  of  such  duel. 

Sec.  24.  Who  not  deemed  to  have  gained  legal  residence. — No  officer,  soldier,  seaman, 
or  marine  of  the  United  States  army  or  navy  shall  be  deemed  to  have  gained  a  residence 
as  to  the  right  of  suffrage,  in  the  State,  or  in  any  county,  city  or  town  thereof,  by  rea- 
son of  being  stationed  therein  ;  nor  shall  an  inmate  of  any  charitable  institution  or  a 
student  in  any  institution  of  learning  be  regarded  as  having  either  gained  or  lost  a  resi- 
dence, as  to  the  right  of  suffrage,  by  reason  of  his  location  or  sojourn  in  such  institution. 

Sec.   25.     Directions  Tto   General   Assembly   in   regard   to   registration   and   transfers. — The 

General  Assembly  shall  provide  for  the  annual  registration  of  voters  under  section  twenty, 
for  an  appeal  by  any  person  denied  registration,  for  the  correction  of  illegal  or  fraudu- 
lent registration,  thereunder,  and  also  for  the  proper  transfer  of  all  voters  registered 
under  this  Constitution. 

Sec.   26.     Persons  qualified   to  vote   at   next  election   shall   be   pdmitted  to   registration. — 

Any  person  who,  in  respect  to  age  or  residence,  would  be  qualified  to  vote  at  the  next 
election,  shall  be  admitted  to  registration,  notwithstanding  that  at  the  time  thereof  he 
is  not  so  qualified,  and  shall  be  entitled  to  vote  at  said  election  if  then  qualified  under  the 
provisions  of  this  Constitution. 

Sec.  27.  Method  of  voting — All  elections  by  the  people  shall  be  by  ballot ;  all  elec- 
tions by  any  representative  body  shall  be  VIVA  VOCE  and  the  vote  recorded  in  the  journal 
thereof. 

The  ballotbox  shall  be  kept  in  public  view  during  all  elections,  and  shall  not  be 
opened,  nor  the  ballots  canvassed  or  counted,  in  secret. 

So  far  as  consistent  with  the  provisions  of  this  Constitution,  the  absolute  secrecy 
of  the  ballot  shall  be  maintained. 

Sec.  28.  Ballots. — The  General  Assembly  shall  provide  for  ballots  without  any  di^- 
tinguishing  mark  or  symbol,  for  use  in  all  State,  county,  city,  and  other  elections  bv  the 
people,  and  the  form  thereof  shall  be  the  same  in  all  places  whe*-e  any  such  election  is 
held.  All  ballots  shall  contain  the  names  of  the  candidates,  and  of  the  offices  to  be  filled, 
in  clear  print  and  in  due  and  orderly  succession  ;  but  any  voter  may  erase  any  name  and 
insert  another. 

Sec.  29.  Privileges  of  voters  during  elections. — No  voter,  during  the  time  of  holding 
any  election  at  which  he  is  entitled  to  vote,  shall  be  compelled  to  perform  military  fp~v- 
ice,  except  in  time  of  war  or  public  danger  ;  to  attend  any  courts  as  suitor,  juror,  or  wit- 
ness ;  and  no  voter  ehall  be  subject  to  arrest  under  any  civil  process  during  his  attend- 
ance at  election  or  in  going  to  or  returning  therefrom. 

Sec.  30.  General  Assembly  may  prescribe  property  qualification  for  voting  in  county, 
city  or  town  elections. — The  General  Assembly  may  prescribe  a  property  oualification  not 
exceeding  two  hundred  and  fifty  dollars  for  voters  in  any  county  or  subdivision  thereof, 
or  city  or  town,  as  a  prerequisite  for  voting  in  any  election  for  officers,  other  than  the 
members  of  the  General  Assembly,  to  be  wholly  elected  by  the  voters  of  such  county  or 
subdivision  thereof,  or  city,  or  town  ;  such  action,  if  taken,  to  be  had  upon  the  initiative 
of  a  representative  in  the  General  Assembly  of  the  county,  city  or  town  affected  ;  provided, 
that  the  General  Assembly  in  its  discretion  may  make  such  exemptions  from  the  opera- 
tion of  said  property  qpalifications  as  shall  not  be  in  conflict  with  the  Constitution  of 
the  United  States. 

S^c.  31.  Electoral  boards;  appointment  and  composition;  powers  and  duties  of;  who 
ineligible. — There  shall  be  in  each  county  and  city  an  electoral  board,  composed  of  three 
members,  appointed  by  the  circuit  court  of  the  county  or  the  corporation  court  of  the  city, 
or  the  judge  of  the  court  in  vacation.  Of  those  first  appointed,  one  shall  be  appointed 
for  a  term  of  one  year,  one  for  a  term  of  two  years,  and  one  for  a  term  of  three  years  ; 
and  thereafter  their  successors  shall  be  appointed  for  the  full  term  of  three  years.  Any 
vacancy  occurring  in  any  board  shall  be  filled  by  the  same  authority  for  the  unexpired 
term. 


Virginia  Election  Laws 


Each  electoral  board  shall  appoint  the  judges,  clerks,  and  registrars  of  election  for 
its  county  or  city  ;  and,  in  appointing  judges  of  election,  representation  as  far  as  possible 
shall  be  given  to  each  of  the  two  political  parties  which,  at  the  general  election  next 
preceding  their  appointment,  cast  the  highest  and  next  highest  number  of  votes. 

No  person,  nor  the  deputy  of  any  person,  holding  any  office  or  post  of  profit  or  emolu- 
ment, under  the  United  States  government,  or  who  is  in  the  employment  of  such  govern- 
ment or  holding  any  elective  office  of  profit  or  trust  in  the  State,  or  in  any  county,  city, 
or  town  thereof,  shall  be  appointed  a  member  of  the  electoral  board,  or  registrar,  or 
judge  of  election. 

Sec  32.  Qualifications  of  officers  and  of  notaries  public.— Every  person  qualified  to 
vote  shall  be  eligible  to  any  office  of  the  State,  or  of  any  county,  city,  town  or  other  sub- 
division of  the  State,  wherein  he  resides,  except  as  otherwise  provided  in  this  Constitu- 
tion, and  except  that  this  provision  as  to  residence  shall  not  apply  to  any  office  elective 
by  the  people  where  the  law  provides  otherwise  ;  and  except,  further,  that  the  requirements 
of  this  section  as  to  residence  and  voting  qualifications  shall  not  apply  to  the  appointment 
of  persons  to  fill  positions  under  a  municipal  government  requiring  special  technical  or 
professional  training  and  experience.  Men  and  women  eighteen  years  of  age  shall  be 
eligible  to  the  office  of  notary  public  and  qualified  to  execute  the  bonds  required  of  them 
in  that  capacity. 

Sec  33.  When  terms  of  officers  to  begin  and  end. — The  terms  of  all  officers  elected 
under  this  Constitution  shall  begin  on  the  first  day  of  February  next  succeeding  their 
election  unless  otherwise  provided  in  this  Constitution.  All  officers,  elected  or  appointed, 
shall  continue  to  discharge  the  duties  of  their  offices  after  their  terms  of  service  have 
expired  until  their  successors  have  qualified. 

Sec.  34.  Oath  prescribed. — Members  of  the  General  Assembly  and  all  officers, 
executive  and  judicial,  elected  or  appointed  after  this  Constitution  goes  into  effect,  shall, 
before  they  enter  on  the  performance  of  their  public  duties,  severally  take  and  subscribe 
the  following  oath  or  affirmation : 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  the  Constitution  of  the  State  of  Virginia  ordained  by  the  Convention  which 
assembled  in  the  city  of  Richmond  on  the  twelfth  day  of  June,  nineteen  hundred  and  one 
and  that  I  will  faithfully  and  impartially  discharge  and  perform  all  the  duties  incumbent 

on    me    as ,    according    to    the    best    of    my    ability ;    so    help 

me  God." 

Sec.  35.  Primary  elections,  who  may  vote. — No  person  shall  vote  at  any  legalized 
primary  election  for  the  nomination  of  any  candidate  for  office  unless  he  is  at  the  time 
registered  and  qualified  to  vote  at  the  next  succeeding  election. 

Sec.  36.  General  Assembly  shall  enact  laws  to  regulate  elections. — The  General  As- 
sembly shall  enact  such  laws  as  are  necessary  and  proper  for  the  purpose  of  securing 
the  regularity  and  purity  of  general,  local  and  primary  elections,  and  preventing  and 
punishing  any  corrupt  practices  in  connection  therewith  ;  and  shall  have  power,  in  addition 
to  other  penalties  and  punishments  now  or  hereafter  prescribed  by  law  for  such  offenses, 
to  provide  that  persons  convicted  of  them  shall  thereafter  be  disqualified  from  voting  or 
holding  office. 

Sec.  37.  Voting  machines. — The  General  Assembly  may  provide  for  the  use,  through- 
out the  State  or  in  any  one  or  more  counties,  cities,  or  towns,  in  any  election,  of  ma- 
chines for  receiving,  recording,  and  counting  the  votes  cast  thereat ;  provided,  that  the 
secrecy  of  the  voting  be  not  thereby  impaired. 

Sec.  38.  Duties  of  treasurers,  clerks  of  county  and  corporation  courts  and  sheriffs  in 
regard  to  making,  filing,  delivering  and  posting  list  of  paid  poll  taxes;  how  same  cor- 
rected.— After  the  first  day  of  January,  nineteen  hundred  and  four,  the  treasurer  of  each 
county  and  city  shall,  at  least,  five  months  before  each  regular  election,  file  with  the  clerk 
of  the  circuit  court  of  his  county,  or  of  the  corporation  court  of  his  city,  a  list  of  all 
persons  in  his  county  or  city,  who  have  paid,  not  later  than  six  months  prior  to  such 
election,  the  State  poll  taxes  required  by  this  Constitution  during  the  three  years  next 
preceding  that  in  which  such  election  is  held  ;  which  list  shall  be  arranged  alphabetically, 
by  magisterial  districts  or  wards,  shall  state  the  white  and  colored  persons  separately,  and 
shall  be  verified  by  the  oath  of  the  treasurer.  The  clerk,  within  ten  days  from  the  receipt 
of  the  list,  shall  make  and  certify  a  sufficient  number  of  copies  thereof,  and  shall  deliver 
one  copy  for  each  voting  place  in  his  county  or  city  to  the  sheriff  of  the  county  or  ser- 
geant of  the  city,  whose  duty  it  shall  be  to  post  one  copy,  without  delay,  at  each  of  the 
voting  places,  and,  within  ten  days  from  the  receipt  thereof,  to  make  return  on  oath  to 
the  clerk,  as  to  the  places  where  and  dates  at  which  said  copies  were  respectively  posted  ; 
which  return  the  clerk  shall  record  in  a  book  kept  in  his  office  for  the  purpose ;  and  he 
shall  keep  in  his  office  for  public  inspection,  for  at  least  sixty  days  after  receiving  the 
list,  not  less  than  ten  certified  copies  thereof,  and  also  cause  the  list  to  be  published  in 
such  other  manner  as  may  be  prescribed  by  law  ;  the  original  list  returned  by  the  treasurer 
shall  be  filed  and  preserved  by  the  clerk,  among  the  public  records  of  his  office  for  at  least  five 
years  after  receiving  the  same.  Within  thirty  days  after  the  list  has  been  so  posted,  any 
person  who  shall  have  paid  his  capitation  tax,  but  whose  name  is  omitted  from  the  certified 
list,  may,  after  five  days'  written  notice  to  the  treasurer,  apply  to  the  circuit  court  of 
his  county,  or  corporation  court  of  his  city,  or  to  the  judge  thereof  in  vacation,  to  have 
the  same  corrected  and  his  name  entered  thereon,  which  application  the  court  or  judge 
shall  promptly  hear  and  decide. 


Virginia  Election  Laws 


The  clerk  shall  deliver,  or  cause  to  be  delivered,  with  the  poll  books,  at  a  reasonable 
time  before  every  election,  to  one  of  the  judges  of  election  of  each  precinct  of  his  county 
or  city,  a  like  certified  copy  of  the  list,  which  shall  be  conclusive  evidence  of  the  facts 
therein  stated  for  the  purpose  of  voting.  The  clerk  shall  also,  within  sixty  days  after 
the  filing  of  the  list  by  the  treasurer,  forward  a  certified  copy  thereof,  with  such  correc- 
tions as  may  have  been  made  by  order  of  the  court  or  judge,  to  the  Auditor  of  Public 
Accounts,  who  shall  charge  the  amount  of  the  poll  taxes  stated  therein  to  such  treasurer 
unless  previoutly  accounted  for. 

Further  evidence  of  the  prepayment  of  the  capitation  taxes  required  by  this  Constitu- 
tion, as  a  prerequisite  to  the  right  to  register  and  vote,  may  be  prescribed  by  law. 

Sec.  173.  State,  county,  and  municipal  capitation  taxes.  —  The  General  Assembly  shall 
levy  a  State  capitation  tax  of,  and  not  exceeding,  one  dollar  and  fifty  cents  per  annum 
on  every  male  resident  of  the  State  not  less  than  twenty-one  years  of  age,  except  those 
pensioned  by  this  State  for  military  services  ;  one  dollar  of  which  shall  be  applied  exclu- 
sively in  aid  of  the  public  free  schools,  in  proportion  to  the  school  population,  and  the 
residue  shall  be  returned  and  paid  by  the  State  into  the  treasury  of  the  county  or  city  in 
which  it  was  collected,  to  be  appropriated  by  the  proper  county  or  city  authorities  to  such 
county  or  city  purposes  as  they  shall  respectively  determine  ;  but  said  State  capitation  tax 
shall  not  be  a  lien  upon,  nor  collected  by  legal  process  from,  the  personal  property  which 
may  be  exempt  from  levy  or  distress  under  the  poor  debtor's  law.  The  General  Assembly 
may  authorize  the  board  of  supervisors  of  any  county,  or  the  council  of  any  city  or  town, 
to  levy  an  additional  capitation  tax  not  exceeding  one  dollar  per  annum  on  every  such 
resident  within  its  limits,  which  shall  be  applied  in  aid  of  the  public  schools  of  such  county, 
city  or  town,  or  for  such  other  county,  city  or  town  purposes  as  they  shall  determine. 

SECTIONS  OF  THE  CODE  OF  VIRGINIA. 

TITLE  6. 
Elections  by  the  People. 

Ch.     9.  Apportionment  of  representation. 

10.  The  qualification  and  privilege  of  voters;  how  they  are  registered 

and  how  they  vote. 

11.  Provisions  concerning  the  payment  of  capitation  tax  as  a  pre- 

requisite to  voting. 

12.  Elections  of  State,  county,  district  and  city  officers,  and  the  terms 

of  their  offices;  filling  vacancies. 

13.  General  and  special  elections;  when  and  where  to  be  held;  regula- 

tions  for   their   conduct   and   government;    compensation    for 
services  in  elections. 

14.  Absent  voters. 

15.  Primary  elections. 

16.  Pure  elections. 

17.  Contested  elections. 

CHAPTER  9. 
Apportionment    of   Representation. 

Sec.  Sec. 

68.  Election    of    United    States     Senators.  75.   Their    election    and    meeting    when    Con- 

69.  How  vacancies  are  filled.  *re88    Prescribes    a    different    day. 

70.  Representation    in    Congress;    apportion-  76.   When   and  where  electors  convene;   how 

ment  therefor.  vacancies   supplied. 

71.  Each    district    to    elect    one    representa-       77.   Pay  of  electors. 

tive.  78.   When    members    of   the    House    of    Dele- 

72.  How  and  when  elected.  »ates     elected;     apportionment     there- 


73.  Governor    to    ^    writg    to    fin    vacan.        _ 

74.  Electors    for    President    and    Vice-Presi-        80-   How,   Senators    elected;    their    terms    of 

dent  ;  number  thereof  ;  how  and  when  office. 

chosen.  81.   How     vacancies     in     General     Assembly 

filled. 


Virginia  Election  Laics 


Sec.  68.  Election  of  United  States  senators. — United  States  sena- 
tors, in  the  Congress  of  the  United  States  for  the  State  of  Virginia  shall 
be  elected  by  the  people  thereof,  at  the  general  election  held  in  November 
next  preceding  the  expiration  of  the  term  of  office  of  such  United  States 
senators.  Such  senators  shall  be  chosen  by  the  electors  in  this  State, 
who  are  qualified  to  vote  for  members  of  the  House  of  Delegates,  in  like 
manner,  and  in  accordance  with  the  law  requiring  the  election  of  Governor 
and  other  State  officers.  At  such  election,  the  candidate  receiving  the 
highest  number  of  votes  shall  be  declared  elected.  (1914,  p.  252.) 

Sec.  69.  How  vacancies  are  filled. — When  any  vacancy  shall  occur  in 
the  representation  of  the  State  of  Virginia,  in  the  United  States  Senate, 
the  Governor  of  this  State  shall  issue  a  writ  of  election  to  fill  such  vacancy, 
said  election  to  be  held  at  the  next  succeeding  November  election;  and 
such  senator,  so  elected,  shall  hold  such  office  for  the  unexpired  term  of 
the  senator  whom  such  person  is  elected  to  succeed,  but  the  Governor  may 
make  a  temporary  appointment  to  fill  such  vacancy  until  the  people  fill 
the  same  by  election,  as  hereinbefore  required.  (1914,  p.  252.) 

Sec.  70.  Representation  in  Congress;  apportionment  therefor. — The 
cities  of  Newport  News,  Hampton,  and  Fredericksburg,  and  the  counties  of 
Accomac,  Northampton,  Lancaster,  Richmond,  Northumberland,  West- 
moreland, Gloucester,  Middlesex,  Mathews,  Essex,  King  and  Queen,  Caro- 
line, Spotsylvania,  Elizabeth  City,  Warwick,  and  York,  shall  form  the 
first  congressional  district. 

The  cities  of  Norfolk,  Portsmouth,  and  Suffolk,  and  the  counties  of 
Princess  Anne,  Norfolk,  Nansemond,  Isle  of  Wight,  and  Southampton, 
shall  form  the  second  congressional  district. 

The  cities  of  Richmond  and  Williamsburg,  and  the  counties  of  Hen- 
rico,  Goochland,  Chesterfield,  New  Kent,  Hanover,  King  William,  James 
City,  and  Charles  City,  shall  form  the  third  congressional  district. 

The  cities  of  Petersburg  and  Hopewell,  and  the  counties  of  Prince 
George,  Surry,  Sussex,  Dinwiddie,  Greensville,  Brunswick,  Mecklenburg, 
Lunenburg,  Nottoway,  Amelia,  Powhatan,  and  Prince  Edward,  shall  form 
the  fourth  congressional  district. 

The  city  of  Danville,  and  the  counties  of  Pittsylvania,  Henry,  Frank- 
lin, Patrick,  Carroll,  Grayson,  Halifax,  and  Charlotte,  shall  form  the  fifth 
congressional  district. 

The  cities  of  Roanoke,  Lynchburg,  and  Radford,  and  the  counties  of 
Campbell,  Bedford,  Roanoke,  Montgomery,  and  Floyd,  shall  form  the  sixth 
congressional  district. 

The  cities  of  Winchester  and  Charlottesville,  and  the  counties  of 
Frederick,  Clarke,  Warren,  Rappahannock,  Madison,  Greene,  Albemarle, 
Rockingham,  Shenandoah,  and  Page,  shall  form  the  seventh  congressional 
district. 

The  city  of  Alexandria,  and  the  counties  of  Loudoun,  Fairfax,  Prince 
William,  Culpeper,  Orange,  Fauquier,  Louisa,  Stafford,  Alexandria,  and 
King  George,  shall  constitute  the  eighth  congressional  district. 

The  city  of  Bristol,  and  the  counties  of  Lee,  Scott,  Wise,  Dickenson, 
Buchanan,  Russell,  Washington,  Smyth,  Wythe,  Pulaski,  Giles,  Bland,  and 
Tazewell,  shall  form  the  ninth  congressional  district. 

The  cities  of  Staunton,  Clifton  Forge,  and  Buena  Vista,  and  the  coun- 
ties of  Augusta,  Highland.  Bath,  Alleghany,  Rockbridge,  Amherst,  Nelson, 
Appomattox.  Buckingham,  Fluvanna,  Cumberland,  Botetourt,  and  Craig, 
shall  form  the  tenth  congressional  district.  (Code  1887,  §  50;  1891-92, 
p.  348;  1906,  p.  40;  1908,  p.  638;  1912,  p.  156.) 


8  Virginia  Election  Laws 

Sec.  71.  Each  district  to  elect  one  representative.: — Each  of  said  dis- 
tricts shall  choose  one  representative  of  this  State  in  the  Congress  of  the 
United  States.  (Code  1887,  §  51.) 

Sec.  72.  How  and  when  elected. — Members  of  the  House  of  Repre- 
sentatives of  the  United  States  shall  be  chosen  by  the  qualified  voters  of 
the  respective  congressional  districts,  at  the  general  election  in  No- 
vember, of  the  year  one  thousand  nine  hundred  and  twenty,  and  every 
second  year  thereafter,  for  the  term  of  two  years.  (Code  1887,  §  52.) 

Sec.  73.  Governor  to  issue  writs  to  fill  vacancies. — Writs  of  election 
to  fill  vacancies  in  the  representation  of  this  State  in  the  Senate  and 
House  of  Representatives  of  the  United  States  shall  be  issued  by  the 
Governor.  (Code  1887,  §  53.) 

Sec.  74.  Electors  for  President  and  Vice-President;  number  thereof; 
how  and  when  chosen. — There  shall  be  chosen  by  the  qualified  voters  of 
the  Commonwealth,  at  the  election  to  be  held  on  the  Tuesday  after  the 
first  Monday  in  November,  nineteen  hundred  and  twenty,  and  at  elections 
to  be  held  on  the  Tuesday  after  the  first  Monday  in  November  in  each 
fourth  year  thereafter,  so  many  electors  for  President  and  Vice-President 
of  the  United  States  as  this  State  shall  be  entitled  to  at  the  time  of  such 
election  under  the  Constitution  and  laws  of  the  United  States.  Each 
voter  may  vote  for  one  elector  from  each  congressional  district  of  the 
State,  as  the  same  shall  be  constituted  and  apportioned  for  the  election  of 
representatives  in  the  Congress  of  the  United  States  from  this  State  at  the 
time  when  such  election  shall  be  held,  and  for  two  electors  from  the  State 
at  large;  and,  if  at  the  time  of  choosing  electors,  the  law  shall  provide  for 
one  or  more  representatives  from  the  State  at  large  in  said  Congress, 
each  voter  may  at  such  election  vote  for  such  number  of  electors  from  the 
State  at  large  (in  addition  to  the  two  hereinbefore  provided  for)  as  shall 
correspond  with  the  number  of  such  representatives  at  large,  so  that  the 
whole  number  of  electors  to  be  chosen  at  any  election  shall  always  be 
equal  to  the  whole  number  of  senators  and  representatives  to  which  the 
State  may  at  that  time  be  entitled  in  the  Congress  aforesaid.  (Code 
1887,  §  54.) 

Sec.  75.  Their  election  and  meeting  when  Congress  prescribes  a 
different  day. — If  Congress  shall  determine  on  a  different  time  for  choos- 
ing electors,  or  appoint  a  different  day  for  their  meeting  to  give  their 
votes,  under  the  requirements  of  the  Constitution  of  the  United  States, 
then  the  election  shall  be  held  and  the  meeting  of  the  electors  take  place 
at  such  times,  respectively,  as  shall  be  prescribed  by  authority  of  the 
United  States.  (Code  1887,  §  55.) 

Sec.  76.      When  and  where  electors  convene;  how  vacancies  supplied. 

— Unless  a  different  day  be  prescribed  by  authority  of  the  United  States, 
the  electors  shall  convene  at  the  capitol,  in  the  city  of  Richmond,  on  the 
second  Monday  in  January,  after  their  election,  at  the  hour  of  twelve 
o'clock  noon  of  that  day;  and  if  there  be  any  vacancy  in  the  office  of 
electors,  occasioned  by  death,  refusal  to  act,  neglect  to  attend,  or  other 
cause,  the  electors  present  shall  immediately  proceed  to  fill  by  ballot,  and 
by  a  plurality  of  votes,  such  vacancy  in  the  electoral  college;  and  when 
the  electors  shall  appear,  or  the  vacancies  shall  have  been  filled  as  above 
provided,  they  shall  proceed  to  perform  the  duties  required  of  such 
electors  by  the  Constitution  and  laws  of  the  United  States.  (Code  1887, 
§  56.) 

Sec.  77.  Pay  of  electors. — Each  elector  shall  be  allowed  the  sum  of 
four  dollars  per  day  while  actually  engaged  in  the  discharge  of  his  official 
duties,  and  the  same  mileage  as  is  allowed  to  members  of  the  General 
Assembly.  (Code  1887,  §  57.) 

Sec.  78.  When  members  of  the  House  of  Delegates  elected;  appor- 
tionment therefor. — The  members  of  the  House  of  Delegates  shall  be 
elected  on  the  Tuesday  succeeding  the  first  Monday  in  November,  nine- 


Virginia  Election  Laws 


teen  hundred  and  twenty-three,  and  biennially  thereafter  on  the  Tuesday 
succeeding  the  first  Monday  in  November,  and  be  distributed  and  appor- 
tioned as  follows: 

Accomac  shall  have  one  delegate. 

Albemarle,  Charlottesville  and  Greene  shall  have  two  delegates. 
Alexandria  city  shall  have  one  delegate. 
Arlington  shall  have  one  delegate. 
Alleghany  and  Clifton  Forge  shall  have  one  delegate. 
Amherst  shall  have  one  delegate. 

Appomattox  and  Buckingham  shall  have  one  delegate. 
Nottoway  and  Amelia  shall  have  one  delegate. 
Augusta  and  Staunton  shall  have  two  delegates. 
Bedford  shall  have  one  delegate. 

Bedford,  Franklin  and  Floyd  shall  have  one  delegate. 
Botetourt  and  Craig  shall  have  one  delegate. 
Brunswick   shall   have   one   delegate. 

Cumberland  and  Prince  Edward  shall  have  one  delegate. 
Campbell  shall  have  one  delegate. 
Caroline  and  King  George  shall  have   one   delegate. 
Carroll  shall  have   one   delegate. 
Charlotte  shall  have  one  delegate. 
Chesterfield  and  Powhatan  shall  have  one  delegate. 
Clarke,  Frederick  and  Winchester  shall  have  one  delegate. 
Orange  and   Madison   shall   have   one   delegate. 
Dinwiddie  shall  have  one  delegate. 

Elizabeth  City,  and  the  city  of  Hampton  shall  have  one  delegate. 
Fairfax  shall  have  one  delegate. 
Fauquier  shall  have  one  delegate. 
Franklin  shall  have  one  delegate. 
Giles  and  'Bland  shall  have  one  delegate. 
Gloucester  and  Mathews  shall  have  one  delegate. 
Goochland  and  Fluvanna  shall  have  one  delegate. 
Grayson  shall  have  one  delegate. 
Halifax  shall  have  two  delegates. 
Hanover  and  King  William  shall  have  one  delegate. 
Henrico  shall  have  one  delegate. 
Henry  shall  have  one  delegate. 
Isle  of  Wight  shall  have  one  delegate. 

King  and  Queen,  Essex  and  Middlesex  shall  have  one  delegate. 
Lancaster  and  Richmond  counties  shall  have  one  delegate. 
Lee  shall  have  one  delegate. 
Loudoun  shall  have  one   delegate. 
Louisa  shall  have  one  delegate. 
Lunenburg  shall  have  one  delegate. 
Lynchburg  shall  have  one  delegate. 
Rappahannock  and  Culpeper  shall  have  one  delegate. 
Mecklenburg  shall  have  one  delegate. 
Montgomery  and  Radford  shall  have  one  delegate. 
Nansemond  and  Suffolk  shall  have  one  delegate. 
Nelson  shall  have  one  delegate. 
Newport  News  shall  have  one  delegate. 

New  Kent,  Charles  City,  James  City,  York  and  city  of  Williamsburg 
shall  have  one  delegate. 

Norfolk  city  shall  have  four  delegates. 

Norfolk  county  shall  have  two  delegates. 

Princess  Anne  shall  have  one  delegate. 

Northampton  and  Accomac  shall  have   one  delegate. 

Northumberland  and  Westmoreland  shall  have  one  delegate. 

Patrick  shall  have   one   delegate. 

Pittsylvania  and  Danville  shall  have  three  delegates. 

Petersburg  shall  have  one  delegate. 


10  Virginia  Election  Laws 

Portsmouth  shall  have  two  delegates. 

Pulaski  shall  have  one  delegate. 

Richmond  city  shall  have  six  delegates. 

Roanoke  city  shall  have  two  delegates. 

Roanoke  county  shall  have  one  delegate. 

Rockbridge  and  Buena  Vista  shall  have 'one  delegate. 

Rockbridge,  Buena  Vista,  Bath  and  Highland  shall  have  one  delegate. 

Rockingham  and  Harrisonburg  shall  have  two  delegates. 

Page  and  Warren  shall  have  one  delegate. 

Russell  shall  have  one  delegate. 

Russell  and  Buchanan  shall  have  one  delegate. 

Scott  shall  have  one  delegate. 

Shenandoah  shall  have  one  delegate. 

Smyth  shall  have  one  delegate. 

Southampton  shall  have  one  delegate. 

Spotsylvania  and  Fredericksburg  shall  have  one  delegate. 

Stafford  and  Prince  William  shall  have  one  delegate. 

Surry,  Prince  George  and  Hopewell  shall  have  one  delegate. 

Sussex  and  Greensville  shall  have  one  delegate. 

Tazewell  shall  have  one  delegate. 

Washington  and  Bristol  shall  have  two  delegates. 

Warwick  and  Newport  News  shall  have  one  delegate. 

Wise  shall  have  one  delegate. 

Wise  and  Dickenson  shall  have  one  delegate. 

Wythe  shall  have  one  delegate.  (Code  1887,  §  58;  1891-92,  p.  56; 
1901-02,  p.  657;  1906,  p.  84;  1910,  p.  9;  1922,  p.  223.)  ) 

Sec.  79.  Senatorial  districts. — The  State  shall  be  divided  into  thirty- 
six  districts  entitled  to  senators  as  follows: 

First.  Accomac,  Northampton  and  Princess  Anne  shall  be  entitled 
to  one  senator.  • 

Second.     Norfolk  city  shall  be  entitled  to  two  senators. 

Third.  Norfolk  county  and  Portsmouth  shall  be  entitled  to  one  sen- 
ator. 

Fourth.     Amherst  and  Nelson  shall  be  entitled  to  one  senator. 

Fifth.  Nansemond,  Suffolk,  Southampton  and  Isle  of  Wight  shall 
be  entitled  to  one  senator. 

Sixth.  Sussex,  Surry,  Prince  George,  Greensville,  and  the  city  of 
Hopewell  shall  be  entitled  to  one  senator. 

Seventh.  Mecklenburg  and  Brunswick  shall  be  entitled  to  one  sen- 
ator. 

Eighth.      Dinwiddie  and  Petersburg  shall  be  entitled  to  one  senator. 

Ninth.  Amelia,  Nottoway,  Lunenburg,  Prince  Edward  and  Pow- 
hatan  shall  be  entitled  to  one  senator. 

Tenth.     Halifax  shall  be  entitled  to  one  senator. 

Eleventh.  Appomattox,  Buckingham,  Cumberland  and  Charlotte 
shall  be  entitled  to  one  senator. 

Twelfth.      Campbell  and  Lynchburg  shall  be  entitled  to  one  senator. 

Thirteenth.  Pittsylvania,  Danville,  Henry  and  Patrick  shall  be  en- 
titled to  two  senators. 

Fourteenth.      Carroll  and  Grayson  shall  be  entitled  to  one  senator. 

Fifteenth.  Washington,  Bristol  and  Smyth  shall  be  entitled  to.  one 
senator. 

Sixteenth.      Scott  and  Lee  shall  be  entitled  to  one  senator. 

Seventeenth.     Wise  and  Dickenson  shall  be  entitled  to  one  senator. 

Eighteenth.  Buchanan,  Tazewell  and  Russell  shall  be  entitled  to 
one  senator. 

Nineteenth.  Wythe,  Bland,  Giles  and  Pulaski  shall  be  entitled  to 
one  senator. 


Virginia  Election  Laws  11 

Twentieth.  Bath,  Craig,  Botetourt,  Alleghany  and  the  city  of  Clif- 
ton Forge,  shall  be  entitled  to  one  senator. 

Twenty-first.  Roanoke  city  and  Roanoke  county  shall  be  entitled 
to  one  senator. 

Twenty-second.  Roanoke  city,  Roanoke  county,  Franklin,  Floyd, 
Montgomery,  and  Radford  shall  be  entitled  to  one  senator. 

Twenty-third.  Rockbridge,  Buena  Vista  and  Bedford  shall  be  en- 
titled to  one  senator. 

Twenty-fourth.  Augusta,  Highland,  and  the  city  of  Staunton  shall 
be  entitled  to  one  senator. 

Twenty-fifth.  Rockingham,  Harrisonburg,  Page  and  Warren  shall 
be  entitled  to  one  senator. 

Twenty-sixth.  Frederick,  Winchester,  Shenandoah,  and  Clarke  shall 
be  entitled  to  one  senator. 

Twenty-seventh.  Albemarle,  Charlottesville,  Greene,  and  Fluvanna 
shall  be  entitled  to  one  senator. 

Twenty-eighth.  Fredericksburg,  Spotsylvania,  Louisa,  Orange  and 
Stafford  shall  be  entitled  to  one  senator. 

Twenty-ninth.  Fauquier,  Loudoun,  Culpeper  and  Rappahannock 
shall  be  entitled  to  one  senator. 

Thirtieth.  Fairfax,  Arlington,  Alexandria  and  Prince  William  shall 
be  entitled  to  one  senator. 

Thirty-first.  King  George,  Westmoreland,  Northumberland,  Lan- 
caster and  Richmond  county  shall  be  entitled  to  one  senator. 

Thirty-second.  Caroline,  King  William,  Hanover  and  Goochland 
shall  be  entitled  to  one  senator. 

Thirty-third.  King  and  Queen,  Middlesex,  Gloucester,  Mathews, 
York  and  Essex  shall  be  entitled  to  one  senator. 

Thirty-fourth.  Newport  News,  Elizabeth  City  and  Warwick  shall 
be  entitled  to  one  senator. 

Thirty-fifth.  Henrico,  Chesterfield,  New  Kent,  Charles  City,  James 
City  and  the  city  of  Williamsburg  shall  be  entitled  to  one  senator. 

Thirty-sixth.  Richmond  city  shall  be  entitled  to  three  senators. 
(Code  1887,  §  59;  1891-92,  p.  56;  1901-02,  p.  800;  1922,  p.  463.) 

Sec.  80.  How  senators  elected;  their  terms  of  office. — Members  of 
the  Senate  to  represent  each  senatorial  district  of  the  State  shall  be  elected 
on  the  Tuesday  after  the  first  Monday  in  November,  ninteen  hundred  and 
nineteen,  and  every  four  years  thereafter,  for  a  term  of  four  years,  to 
begin  on  the  second  Wednesday  in  January  succeeding  their  election. 
(Code  1887,  §  60;  1891-2,  p.  59;  1901-2,  p.  800;  1902-3-4,  p.  540.) 

Sec.  81.  How  vacancies  in  General  Assembly  filled. — When  a  va- 
cancy  occurs  during  the  recess  of  the  General  Assembly  by  the  death  or 
resignation  of  a  member  thereof,  or  when  a  member-elect  to  the  next 
General  Assembly  shall  die  prior  to  its  meeting,  a  writ  of  election  to  fill 
such  a  vacancy  shall  be  issued  by  the  Governor,  and  when  such  vacancy 
happens  during  the  session  of  the  General  Assembly,  of  which  the  person 
so  dying  or  resigning  is  a  member,  the  writ  shallbe  issued  by  the  Speaker 
of  the  House  of  Delegates,  or  by  the  President  of  the  Senate,  as  the 
case  may  be. 

Such  writ  shall  be  directed  to  the  sheriff  of  the  county  or  sergeant  of 
the  corporation  for  which  the  election  is  to  be  held,  or  to  the  sheriffs  and 
sergeants  of  the  respective  counties  and  cities  composing  the  election  dis- 
trict, or  districts,  for  the  election  of  senators  or  delegates,  when  the  elec- 
tion is  for  such  districts,  but  whenever  any  district  is  changed  after  the 
election  of  a  delegate  or  senator,  and  the  delegate  or  senator  shall  die, 


12  Virginia  Election  Laws 

resign,  or  be  removed  from  office,  the  election  to  fill  the  vacancy  shall  be 
held  in  the  district  as  constituted  when  the  said  delegate  or  senator  was 
elected.  (Code  1887,  §  61;  1902-3-4,  p.  540.) 

CHAPTER   10. 

The  Qualification  and  Privilege  of  Voters;   How  They  are  Registered,  and 

How   They   Vote. 

Sec.  Sec. 

82 .  Qualifications     and     disqualifications     of  98 .   When      voters      registered ;      duties      of 

voters    at   general   elections.  registrars  ;    their    pay. 

83.  Qualifications    of    voters    at    special    elec-  99.    Clerks      to      furnish      registrars      with 

tions.  names   of   voters    who    have    been    con- 

84 .  Circuit  court  to  appoint  electoral  boards  ;  victed  of  certain  offenses  ;  their  names 

terms  ;     vacancies  ;     board     to     appoint  and    the    names    of    persons    who    have 

judges,    clerks    and    registrars    of    elec-  died    to    be    struck    from    books. 

tion  ;    qualification.  100.   Voter      changing      his      residence     may 

85.  Chairman    and   secretary.  change   his   registration. 

86.  Appointment    of    registrars.  101.   When    boundaries    of    district    changed, 

87 .  Meetings    of   boards  ;    quorum ;   record   qf  how    voter    may    change    his    registra- 

proceedings.  tion. 

88.  Board   to   fill   vacancy   in   office  of   regis-  102.   Duty     of     registrars     when     bounds     of 

trar ;    may    remove    registrars,    judges  election    districts    changed. 

and  clerks.  103.   Appeal    of   person    denied    registration. 

89.  Pay   or   board.  104.   Registrar    to    deliver    books    to    judges 

90 .  New    registration    of   voters.  of    election  ;    fine    for    failure. 

91.  Copy  of   registration   books.  105.   Registrar    to    be    a    conservator    of    the 

92.  When   judges  of   circuit  court  to  fill  va-  peace. 

cancies  in  board.  106.  Disturbance    of    registrars;    punishment 

93.  Who   to  be   registered.  therefor. 

94.  Secretary    of    Commonwealth   to    prepare  107.   How    registration    books    purged. 

and    distribute    books    for    registration.  10S.    Preservation    of    the    permanent    regis- 

95 .  Registration   oath.  tration    rolls  ;    transfer    of    voters    on 

96.  Oath  of   registrar;  his  pay.  said  rolls;  copy  to  be  used  with  same 

97.  Registrar    ineligible   to   office.  effect    as   the   original. 

Sec.  82.  Qualifications  and  disqualifications  of  voters  at  general  elec- 
tions.— Every  male  citizen  of  the  United  States  twenty-one  years  of  age, 
who  has  been  a  resident  of  the  State  two  years,  of  the  county,  city  or 
town  one  year,  and  of  the  precinct  in  which  he  offers  to  vote  thirty  days 
next  preceding  the  election,  in  which  he  offers  to  vote,  has  been  duly  regis- 
tered, and  has  paid  his  State  poll  taxes,  as  required  by  law,  and  is  other- 
wise qualified,  under  the  Constitution  and  laws  of  this  State,  shall  be  en- 
titled to  vote  for  members  of  the  General  Assembly,  and  all  officers  elec- 
tive by  the  people,  but  removal  from  one  precinct  to  another  in  the  same 
county,  city  or  town,  shall  not  deprive  any  person  of  his  right  to  vote  in 
the  precinct  from  which  he  has  moved,  until  the  expiration  of  thirty  days 
from  such  removal  but  the  following  persons  shall  be  excluded  from  regis- 
tering and  voting:  Idiots,  insane  persons  and  paupers;  persons  who,  prior 
to  the  adoption  of  the  Constitution,  were  disqualified  from  voting  by  con- 
viction of  crime,  either  within  or  without  the  State,  and  whose  disabilities 
shall  not  have  been  removed;  persons  convicted  after  the  adoption  of  the 
Constitution,  either  within  or  without  this  State,  of  treason,  .or  of  any 
felony,  bribery,  petit  larceny,  obtaining  money  or  property  under  false 
pretenses,  embezzlement,  forgery  or  perjury;  persons  who,  while  citizens 
of  this  State  since  the  adoption  of  the  Constitution,  have  fought  a  duel 
with  a  deadly  weapon,  or  sent  or  accepted  a  challenge  to  fight  such  duel, 
either  within  or  without  this  State,  or  knowingly  conveyed  a  challenge,  or 
aided  or  assisted  in  any  way  in  the  fighting  of  such  duel,  and  no  officer, 
soldier,  seaman  or  marine  of  the  United  States  army  or  navy,  shall  be 
deemed  to  have  gained  a  residence  as  to  the  right  of  suffrage  in  the  State, 
or  in  any  county,  city,  or  town  thereof  by  reason  of  his  being  stationed 
therein  nor  shall  any  inmate  of  any  charitable  institution,  or  a  student  in 


Virginia  Election  Laws  13 

any  institution  of  learning,  be  regarded  as  having  either  gained  or  lost  a 
residence  as  to  the  right  of  suffrage,  by  reason  of  his  location  or  sojourn  in 
such  institution.  (Code  1887,  §  62;  1902-3-4,  p.  526;  1904,  p.  213;  1908, 
p.  83.) 

Sec.  83.  Qualifications  of  voters  at  special  elections. — The  qualifica- 
tions of  voters  at  any  special  election  shall  be  such  as  are  hereinbefore 
prescribed  for  voters  at  general  elections,  but  at  any  such  special  election, 
held  before  the  second  Tuesday  in  June  in  any  year,  any  person  shall  be 
qualified  to  vote  who  was  so  qualified  at  the  last  preceding  regular  Novem- 
ber election,  or  who  is  otherwise  qualified  to  vote,  and  has  personally  paid, 
at  least  six  months  prior  to  the  second  Tuesday  in  June  of  that  year,  all 
State  poll  taxes,  assessed  or  assessable  against  him  during  the  three  years 
next  preceding  that  in  which  such  special  election  is  held,  and  at  any  such 
special  election,  held  on  or  after  the  second  Tuesday  in  June  in  any  year, 
any  person  shall  be  qualified  to  vote  who  is  or  was  qualified  to  vote  at  the 
regular  election  held  on  the  Tuesday  after  the  first  Mondav  in  November 
of  that  year.  The  term  "special  election"  as  used  in  this  section  shall  be 
deemed  to  include  such  elections  as  are  held  in  pursuance  of  any  special 
law,  and  also  such  as  are  held  to  fill  a  vacancy  in  any  office,  whether  the 
same  be  filled  by  the  qualified  voters  of  the  State,  or  of  any  county,  city, 
magisterial  district,  or  ward.  (Code*  1887,  §  62;  1902-3-4,  p.  526;  1904, 
p.  213;  1908,  p.  83.) 

Sec.  84.  Circuit  court  to  appoint  electoral  boards;  term;  vacancies; 
board  to  appoint  judges,  clerks  and  registrars  of  election;  qualification. — 

There  shall  be  in  each  county  and  city  an  electoral  board,  composed  of 
three  members,  who  shall  be  appointed  by  the  circuit  court  of  the  county 
or  the  corporation  court  of  the  city,  or  the  judge  of  the  court  in  vacation. 
The  three  members  of  the  board  who  are  in  office  when  this  Code  takes 
effect,  shall  continue  in  office  until  their  respective  terms  expire,  to-wit, 
March  first,  nineteen  hundred  and  nineteen;  March  first,  nineteen  hundred 
and  twenty,  and  March  first,  nineteen  hundred  and  twenty-one.  During 
the  month  of  February  in  each  year,  as  the  terms  cxf  the  members  of  the 
board  shall  respectively  expire,  their  successors  shall  be  appointed  for  a 
term  of  three  years.  Any  vacancy  occurring  in  any  board  shall  be  filled 
by  the  same  authority  for  the  unexpired  term.  The  term  of  the  electoral 
boards  appointed  under  this  section  shall  commence  on  the  first  of  March 
next  succeeding  their  appointment.  The  members  of  said  board  shall 
qualify  before  the  first  of  March  next  succeeding  their  appointment  by  tak- 
ing and  subscribing  the  oaths  reauired  to  be  taken  by  county  and  city 
officers.  Each  electoral  board  shall  appoint  the  judges,  clerks,  and  regis- 
trars of  election  for  its  city  or  county,  including  the  towns  therein;  and 
in  appointing  judges  of  election,  representation,  as  far  as  possible,  shall 
be  given  to  each  of  the  two  political  parties  which,  at  the  general  election 
next  preceding  their  appointment,  cast  the  highest  and  next  highest  num- 
ber of  votes.  No  person,  nor  the  deputy  of  any  person,  holding  any  office 
or  post  of  profit  or  emolument  under  the  United  States  government,  or 
who  is  in  the  employment  of  such  government,  or  holding  any  elective 
office  of  profit  or  trust  in  the  State,  or  in  any  county,  city  or  town  thereof, 
shall  be  appointed  a  member  of  the  electoral  board  or  a  registrar  or  iudge 
of  election.  (Code  1887,  §  64;  1893-4,  p.  782;  1899-00,  p.  843;  1902-3-4, 
p.  562.) 

Sec.  85.  Chairman  and  secretary. — The  said  board  shall  elect  one  of 
their  number  chairman  and  another  secretary.  (Code  1887,  §  65; 
1902-3-4,  p.  563.) 

Sec.  86.  Appointment  of  registrars. — It  shall  be  the  duty  of  the  elec- 
toral board  of  each  city  and  county,  prior  to  the  first  day  of  April,  nine- 
teen hundred  and  twenty  and  every  alternate  year  thereafter,  to  appoint  a 
registrar  for  each  electoral  district,  of  their  respective  counties  and  cities, 
who  shall  be  a  discreet  citizen  and  resident  of  the  election  district  in  and 


12  Virginia  Election  Laws 

resign,  or  be  removed  from  office,  the  election  to  fill  the  vacancy  shall  be 
held  in  the  district  as  constituted  when  the  said  delegate  or  senator  was 
elected.  (Code  1887,  §  61;  1902-3-4,  p.  540.) 

CHAPTER   10. 

The  Qualification  and  Privilege  of  Voters;   How  They  are  Registered,  and 

How   They    Vote. 

Sec.  Sec. 

82 .  Qualifications     and     disqualifications     of  98 .   When      voters      registered ;      duties      of 

voters    at   general    elections.  registrars  ;    their    pay. 

83.  Qualifications    of    voters    at    special    elec-  99.    Clerks      to      furnish      registrars      with 

tions.  names   of   voters    who    have    been    con- 

84 .  Circuit  court  to  appoint  electoral  boards  ;  victed  of  certain  offenses  ;  their  names 

terms ;     vacancies  ;     board    to     appoint  and    the    names    of    persons    who    have 

judges,    clerks    and    registrars    of    elec-  died    to    be    struck    from    books. 

tion ;    qualification.  100.   Voter      changing      his      residence     may 

85.  Chairman   and   secretary.  change   his   registration. 

86.  Appointment    of    registrars.  101.   When    boundaries    of    district    changed, 

87 .  Meetings    of   boards ;    quorum ;   record   qf  how    voter    may    change    his    registra- 

proceedings.  tion. 

88.  Board  to   fill   vacancy   in   office  of   regis-  102.   Duty     of     registrars     when     bounds     of 

trar ;    may    remove    registrars,    judges  election    districts    changed. 

and  clerks.  103.   Appeal    of   person   denied    registration. 

89.  Pay   or   board.  104.   Registrar    to    deliver    books    to    judges 

90.  New    registration   of   voters.  of   election;    fine    for    failure. 

91.  Copy  of   registration   books.  105.   Registrar    to    be    a    conservator    of    the 

92.  When   judges  of  circuit   court  to  fill  va-  peace. 

cancies  in  board.  106.   Disturbance   of    registrars;    punishment 

93.  Who   to   be  registered.  therefor. 

94.  Secretary    of    Commonwealth    to    prepare  107.   How    registration    books    purged. 

and    distribute    books    for    registration.  108.    Preservation    of    the    permanent    regis- 

95 .  Registration    oath.  tration    rolls ;    transfer    of    voters    on 

96.  Oath  of   registrar;   his   pay.  said  rolls;  copy  to  be  used  with  same 

97.  Registrar   ineligible   to   office.  effect    as   the   original. 

Sec.  82.  Qualifications  and  disqualifications  of  voters  at  general  elec- 
tions.— Every  male  citizen  of  the  United  States  twenty-one  years  of  age, 
who  has  been  a  resident  of  the  State  two  years,  of  the  county,  city  or 
town  one  year,  and  of  the  precinct  in  which  he  offers  to  vote  thirty  days 
next  preceding  the  election,  in  which  he  offers  to  vote,  has  been  duly  regis- 
tered, and  has  paid  his  State  poll  taxes,  as  required  by  law,  and  is  other- 
wise qualified,  under  the  Constitution  and  laws  of  this  State,  shall  be  en- 
titled to  vote  for  members  of  the  General  Assembly,  and  all  officers  elec- 
tive by  the  people,  but  removal  from  one  precinct  to  another  in  the  same 
county,  city  or  town,  shall  not  deprive  any  person  of  his  right  to  vote  in 
the  precinct  from  which  he  has  moved,  until  the  expiration  of  thirty  days 
from  such  removal  but  the  following  persons  shall  be  excluded  from  regis- 
tering and  voting:  Idiots,  insane  persons  and  paupers;  persons  who,  prior 
to  the  adoption  of  the  Constitution,  were  disqualified  from  voting  by  con- 
viction of  crime,  either  within  or  without  the  State,  and  whose  disabilities 
shall  not  have  been  removed;  persons  convicted  after  the  adoption  of  the 
Constitution,  either  within  or  without  this  State,  of  treason,  or  of  any 
felony,  bribery,  petit  larceny,  obtaining  money  or  property  under  false 
pretenses,  embezzlement,  forgery  or  perjury;  persons  who,  while  citizens 
of  this  State  since  the  adoption  of  the  Constitution,  have  fought  a  duel 
with  a  deadly  weapon,  or  sent  or  accepted  a  challenge  to  fight  such  duel, 
either  within  or  without  this  State,  or  knowingly  conveyed  a  challenge,  or 
aided  or  assisted  in  any  way  in  the  fighting  of  such  duel,  and  no  officer, 
soldier,  seaman  or  marine  of  the  United  States  army  or  navy,  shall  be 
deemed  to  have  gained  a  residence  as  to  the  right  of  suffrage  in  the  State, 
or  in  any  county,  city,  or  town  thereof  by  reason  of  his  being  stationed 
therein  nor  shall  any  inmate  of  any  charitable  institution,  or  a  student  in 


Virginia  Election  Laws  13 

any  institution  of  learning,  be  regarded  as  having  either  gained  or  lost  a 
residence  as  to  the  right  of  suffrage,  by  reason  of  his  location  or  sojourn  in 
such  institution.  (Code  1887,  §  62;  1902-3-4,  p.  526;  1904,  p.  213;  1908, 
p.  83.) 

Sec.  83.  Qualifications  of  voters  at  special  elections. — The  qualifica- 
tions of  voters  at  any  special  election  shall  be  such  as  are  hereinbefore 
prescribed  for  voters  at  general  elections,  but  at  any  such  special  election, 
held  before  the  second  Tuesday  in  June  in  any  year,  any  person  shall  be 
qualified  to  vote  who  was  so  qualified  at  the  last  preceding  regular  Novem- 
ber election,  or  who  is  otherwise  qualified  to  vote,  and  has  personally  paid, 
at  least  six  months  prior  to  the  second  Tuesday  in  June  of  that  year,  all 
State  poll  taxes,  assessed  or  assessable  against  him  during  the  three  years 
next  preceding  that  in  which  such  special  election  is  held,  and  at  any  such 
special  election,  held  on  or  after  the  second  Tuesday  in  June  in  any  year, 
any  person  shall  be  qualified  to  vote  who  is  or  was  qualified  to  vote  at  the 
regular  election  held  on  the  Tuesday  after  the  first  Mondav  in  November 
of  that  year.  The  term  "special  election"  as  used  in  this  section  shall  be 
deemed  to  include  such  elections  as  are  held  in  pursuance  of  any  special 
law,  and  also  such  as  are  held  to  fill  a  vacancy  in  any  office,  whether  the 
same  be  filled  by  the  qualified  voters  of  the  State,  or  of  any  county,  city, 
magisterial  district,  or  ward.  (Code*  1887,  §  62;  1902-3-4,  p.  526;  1904, 
p.  213;  1908,  p.  83.) 

Sec.  84.  Circuit  court  to  appoint  electoral  boards;  term;  vacancies; 
board  to  appoint  judges,  clerks  and  registrars  of  election;  qualification. — 

There  shall  be  in  each  county  and  city  an  electoral  board,  composed  of 
three  members,  who  shall  be  appointed  by  the  circuit  court  of  the  county 
or  the  corporation  court  of  the  city,  or  the  judge  of  the  court  in  vacation. 
The  three  members  of  the  board  who  are  in  office  when  this  Code  takes 
effect,  shall  continue  in  office  until  their  respective  terms  expire,  to-wit, 
March  first,  nineteen  hundred  and  nineteen;  March  first,  nineteen  hundred 
and  twenty,  and  March  first,  nineteen  hundred  and  twenty-one.  During 
the  month  of  February  in  each  year,  as  the  terms  o£  the  members  of  the 
board  shall  respectively  expire,  their  successors  shan  be  appointed  for  a 
term  of  three  years.  Any  vacancy  occurring  in  any  board  shall  be  filled 
by  the  same  authority  for  the  unexpired  term.  The  term  of  the  electoral 
boards  appointed  under  this  section  shall  commence  on  the  first  of  March 
next  succeeding  their  appointment.  The  members  of  said  board  shall 
qualify  before  the  first  of  March  next  succeeding  their  appointment  by  tak- 
ing and  subscribing  the  oaths  reauired  to  be  taken  by  county  and  city 
officers.  Each  electoral  board  shall  appoint  the  judges,  clerks,  and  regis- 
trars of  election  for  its  city  or  county,  including  the  towns  therein;  and 
in  appointing  judges  of  election,  representation,  as  far  as  possible,  shall 
be  given  to  each  of  the  two  political  parties  which,  at  the  general  election 
next  preceding  their  appointment,  cast  the  highest  and  next  highest  num- 
ber of  votes.  No  person,  nor  the  deputy  of  any  person,  holding  any  office 
or  post  of  profit  or  emolument  under  the  United  States  government,  or 
who  is  in  the  employment  of  such  government,  or  holding  any  elective 
office  of  profit  or  trust  in  the  State,  or  in  any  county,  city  or  town  thereof, 
shall  be  appointed  a  member  of  the  electoral  board  or  a  registrar  or  iudge 
of  election.  (Code  1887,  §  64;  1893-4,  p.  782;  1899-00,  p.  843;  1902-3-4, 
p.  562.) 

Sec.  85.  Chairman  and  secretary. — The  said  board  shall  elect  one  of 
their  number  chairman  and  another  secretary.  (Code  1887,  §  65; 
1902-3-4,  p.  563.) 

Sec.  86.  Appointment  of  registrars. — It  shall  be  the  duty  of  the  elec- 
toral board  of  each  city  and  county,  prior  to  the  first  day  of  April,  nine- 
teen hundred  and  twenty  and  every  alternate  year  thereafter,  to  appoint  a 
registrar  for  each  electoral  district,  of  their  respective  counties  and  cities, 
who  shall  be  a  discreet  citizen  and  resident  of  the  election  district  in  and 


14  Virginia  Election  Laws 

for  which  he  is  appointed  and  such  registrar  shall  not  hold  any  office,  by 
election  or  appointment,  during  his  term.  Said  registrar  shall  hold  office 
for  two  years  from  the  first  day  of  May  following  his  appointment,  and 
until  his  successor  is  duly  appointed  and  qualified.  The  acceptance  of 
any  office,  either  elective  or  appointive,  by  such  registrar  during  his  term 
of  office  shall,  ipso  facto,  vacate  the  office  of  registrar.  The  electoral 
board  shall  fill  any  vacancies  that  may  occur  in  the  office  of  registrar. 

Every  registrar  shall  be  compelled  to  serve  at  least  two  terms,  unless 
excused  by  the  circuit  court  of  the  county,  or  the  corporation  court  of  the 
city,  or  the  judge  of  such  court  in  vacation  having  jurisdiction  over  the 
electoral  board  of  the  city  or  county  in  which  such  registrar  resides.  Any 
person  so  appointed  registrar,  who  shall  refuse  to  serve,  unless  excused 
as  aforesaid,  shall  be  deemed  to  be  guilty  of  a  misdemeanor,  and  fined  not 
less  than  ten  nor  more  than  one  hundred  dollars.  (Code  1887,  §  67; 
1893-4,  p.  784;  1899-00,  p.  864;  1902-3-4,  pp.  15,  563;  1908,  p.  327.) 

Sec.    87.    Meetings    of    boards;    quorum;    record    of    proceedings. — The 

electoral  board  of  each  city  and  county  shall  convene  in  regular  session 
at  such  time  in  the  month  of  March  of  each  year  as  the  board  may  pre- 
scribe, and  at  any  other  time  upon  the  call  of  any  member  of  the  board, 
and  at  any  special  meeting  the  board' shall  have  the  same  powers  as  at  a 
regular  meeting.  At  any  session  two  members  shall  constitute  a  quorum. 
The  secretary  of  each  electoral  board  shall  keep,  in  a  book  to  be  provided 
for  that  purpose,  an  accurate  account  of  all  the  proceedings  of  the  board, 
including  all  appointments  and  removals  of  judges,  clerks,  and  registrars, 
which  shall  be  open  to  the  inspection  of  any  one  who  desires  to  examine  the 
same  at  any  time.  (Code  1887,  §  68;  1893-4,  p.  730;  1902-3-4,  p.  563.) 

Sec.  88.  Board  to  fill  vacancy  in  office  of  registrar;  may  remove  regis- 
trars, judges,  and  clerks. — The  said  electoral  boards  shall  have  the  power, 
and  it  shall  be  their  duty  to  declare  vacant,  and  to  proceed  to  fill  the  office 
of  any  registrar  in  their  respective  cities,  counties,  and  towns  who  fail  to 
qualify  and  deliver  to  the  clerk  of  the  board  his  official  oath  in  the  usual 
form  within  thirty  days  after  he  has  been  notified  of  his  appointment, 
which  notification  shall  be  promptly  given  by  the  clerk.  The  board  shall 
also  have  power  to  remove  from  office  any  and  every  judge  of  election, 
registrar,  or  clerk,  upon  notice,  who  fails  to  discharge  the  duties  of  his 
office  according  to  law.  (Code  1887,  §  69;  1902-3-4,  p.  563.) 

Sec.  89.  Pay  of  board. — Each  member  of  the  electoral  board  shall 
receive  from  the  county  or  city,  respectively,  for  each  day  of  actual  service 
the  sum  of  two  dollars,  and  the  same  mileage  as  is  now  paid  jurors:  pro- 
vided, that  no  member  of  such  board  shall  receive  more  than  ten  dollars 
in  any  one  year,  exclusive  of  mileage,  unless  one  or  more  special  elections 
be  held  in  such  year,  in  which  event  the  members  of  the  electoral  board 
shall  be  paid  additional  amounts  at  the  same  per  diem,  and  mileage;  but 
the  secretary  of  such  board  shall,  in  addition  to  the  per  diem  herein  pro- 
vided for  be  allowed,  his  expenses  not  to  exceed  twenty-five  dollars  in  any 
one  year,  and  the  counties  and  cities  shall  furnish  the  necessary  postage 
and  stationery,  including  a  bound  book  for  the  minutes  of  its  proceedings, 
for  the  use  of  the  board.  Each  member  of  the  electoral  board,  before  he 
shall  be  entitled  to  receive  any  amount  under  this  section,  shall  make  put 
a  statement  under  oath,  of  his  claim,  and  the  secretary  shall  in  addition 
make  out  under  his  oath  a  statement  of  postage  and  stationery  used  by 
the  board,  and  the  statements  when  so  made  out  and  found  correct  shall 
be  paid  by  the  board  of  supervisors  of  the  county  or  the  council  of  the 
city  for  which  such  board  was  appointed.  (Code  1887,  §  70;  1908,  p. 
538;  1910,  p.  531;  1912,  p.  652.) 

Sec.  90.  New  registration  of  voters. — The  electoral  board  shall  pro- 
vide for  a  new  registration  of  voters  for  any  election  district  in  their  re- 
spective counties  or  cities,  whenever  the  registration  books  have  been  de- 


Virginia  Election  Laws  15 

stroyed  by  fire  or  otherwise,  and  whenever  an  order  is  made  by  the  elec- 
toral board  for  such  new  registration  of  voters  in  any  election  district,  it 
shall  be  the  duty  of  the  registrar  in  said  precinct  to  give  notice  of  the  time 
and  place  of  registration  by  printed  handbills,  posted  at  not  less  than  five 
places  in  the  election  district,  at  least  thirty  days  before  the  day  of  regis- 
tration, and  shall  sit  three  days  for  the  purpose  of  such  registration. 

In  such  new  registration  the  registrar  shall  place  upon  the  registration 
books  the  names  of  all  voters  at  such  precincts  applying  therefor  who  are 
known  by  him,  or  who  can  show  by  evidence  satisfactory  to  the  registrar 
that  their  names  were  on  the  old  books,  and  who  still  reside  in  such  elec- 
tion district  or  are  entitled  to  a  transfer  therefrom;  but  before  entering 
such  name  on  the  registration  books  the  registrar  shall  require  from  the 
voter  an  affidavit  made  by  himself  that  his  name  was  on  the  old  registra- 
tion books,  and  also  giving  the  information  required  by  section  ninety-four. 
If  the  registrar  does  not  have  personal  knowledge  of  the  fact  that  the 
name  of  the  voter  was  on  the  old  registration  book,  he  shall,  in  addition 
to  the  affidavit  of  the  voter,  require  such  evidence  and  affidavits  of  other 
persons,  old  poll  books,  or  other  evidence  as  will  satisfy  him  that  the 
name  of  the  voter  was  on  the  old  registration  book.  The  registrar  shall 
also  register  on  said  books  the  names  of  all  other  voters  who  may  be 
entitled  to  register  under  existing  laws,  and  who  shall  apply  therefor.  All 
affidavits  or  other  evidence  taken  by  the  registrar  under  this  section  shall 
be  preserved  by  him  and  shall  be  open  to  inspection.  (Code  1887,  §  71; 
1899-00,  p.  864.) 

Sec.  91.  Copy  of  registration  books. — Whenever  the  registration 
books  in  any  election  district  are  so  mutilated,  blotted,  defaced,  or  other- 
wise in  such  condition  as  to  render  it  difficult,  troublesome  or  unsafe  to  use 
them  longer,  the  electoral  board  shall  order  that  the  said  books  shall  be 
copied,  and  in  such  case  it  shall  be  the  duty  of  the  registrar  for  such  elec- 
tion district  to  cause  fair  copies  to  be  made  of  the  old  registration  books, 
and  they  shall  take  the  place  of  the  old  books,  which  shall  be  filed  and  pre- 
served in  the  office  of  the  registrar  as  the  other  books  are  kept,  but  said 
registrar  shall  not  destroy  the  old  books.  (Code  1887,  §  71.) 

Sec.  92.    When  judges   of  circuit  court  to  fill  vacancies   in  board. — If 

any  of  the  members  of  the  electoral  board  for  any  county  or  city  shall  fail 
to  qualify  within  the  time  prescribed  by  this  chapter,  it  shall  be  the  duty 
of  the  judge  of  the  circuit  court  of  the  county,  or  corporation  court  of 
the  city,  to  fill  vacancies  either  in  term  or  vacation.  (Code  1887,  §  72; 
1897-8,  p.  946;  1902-3-4,  p.  563.) 

Sec.  93.  Who  to  be  registered. — Each  registrar  shall  register  every 
male  citizen  of  the  United  States,  of  his  election  district,  who  shall  apply 
to  be  registered  at  the  time  and  in  the  manner  required  by  law,  who  shall 
be  twenty-one  years  of  age  at  the  next  election,  who  has  been  a  resident  of 
the  State  two  years,  of  the  county,  city,  or  town  one  year,  and  of  the 
precinct  in  which  he  offers  to  register  thirty  days  next  preceding  the  elec- 
tion, who,  at  least  six  months  prior  to  the  election,  has  paid  to  the  proper 
officer  all  State  poll  taxes  assessed  or  assessable  against  him  for  three 
years  next  preceding  such  election,  or  if  he  come  of  age  at  such  time  that 
no  poll  taxes  shall  be  assessable  against  him  for  the  year  preceding  the 
year  in  which  he  offers  to  register,  has  paid  one  dollar  and  fifty  cents  in 
satisfaction  of  the  first  year's  poll  tax  assessable  against  him,  and  unless 
physically  unable  to  do  so,  shall  make  application  to  the  registrar  in  his 
own  handwriting,  without  aid,  suggestion,  or  memorandum,  in  the  presence 
of  the  registrar,  stating  therein  his  name,  age,  date,  and  place  of  birth, 
residence,  and  occupation  at  the  time  and  for  the  two  years  next  preceding, 
and  whether  he  has  previously  voted;  and  if  so,  the  State,  county,  and 
precinct  in  which  he  voted  last;  and  shall  answer  on  oath  any  and  all 
questions  affecting  his  qualifications  as  an  elector,  submitted  to  him  by 
the  registrar,  which  questions  and  answers  thereto  shall  be  reduced  to 


16  Virginia  Election  Laws 

writing,  certified  by  the  said  registrar,  and  preserved  as  a  part  of  the  offi- 
cial records;  but  the  following  persons  shall  be  excluded  from  registering: 
Idiots,  insane  persons,  and  paupers  and  persons  who  prior  to  the  adoption 
of  the  Constitution  were  disqualified  from  voting  by  conviction  of  crime, 
either  within  or  without  the  State,  and  whose  disabilities  shall  not  have 
been  removed;  persons  convicted  after  the  adoption  of  the  Constitution, 
within  or  without  the  State,  of  treason,  or  any  felony,  bribery,  petit  lar- 
ceny, obtaining  money  or  property  under  false  pretenses,  embezzlement, 
forgery,  or  perjury;  persons  who  while  citizens  of  this  State,  after  the 
adoption  of  the  Constitution,  have  fought  a  duel  with  a  deadly  weapon,  or 
sent  or  accepted  a  challenge  to  fight  such  duel,  within  or  without  this  State, 
or  knowingly  conveyed  a  challenge,  or  aided  or  assisted  in  any  way  in  the 
fighting  of  such  duel,  unless  the  disabilities  incurred  thereby  have  been 
removed.  If  any  person  claiming  to  be  a  naturalized  citizen  of  the  United 
States  shall  not  be  able  to  establish  the  date  of  his  papers,  or  the  court 
in  which  they  were  issued,  by  reason  of  his  having  lost  the  same,  or  for 
other  cause,  then  his  oath  or  affirmation  that  he  has  been  duly  naturalized 
shall  be  accepted  and  shall  entitle  him  to  register.  It  shall  be  the  duty 
of  the  registrar  to  furnish  a  suitable  and  convenient  place,  with  necessary 
table,  chair,  paper,  and  ink  or  pencil  to  be  used  by  persons  desiring  to 
register  in  writing  their  application  for  registration,  the  cost  of  the  same 
to  be  paid  out  of  the  countv  or  city  treasury.  It  shall  also  be  the  duty  of 
the  registrar  to  preserve  the  written  application  of  all  persons  who  are 
registered,  or  who  are  denied  registration  by  him,  for  at  least  one  year 
after  such  application  is  presented,  said  written  application  to  be  filed  and 
kept  with  the  registration  books  and  preserved  as  a  part  of  the  official 
records.  If  a  person  is  refused  registration,  he  shall  be  at  once  notified 
of  such  refusal.  (Code  1887,  §  73;  1902-3-4,  p.  563.) 

Note. — For   an   act  to  provide  for  the  registration   of   voters   in    cities   having   a   popula- 
tion of  fifty  thousand  or  more,  see  Acts   1922,  p.   184,  also  printed  herein.      (See  index.) 

Sec.  94.  Secretary  of  Commonwealth  to  prepare  and  distribute  books 
for  registration. — The  Secretary  of  the  Commonwealth  shall  cause  to  be 
prepared  suitable  books  for  the  registration  of  voters,  and  forward  them 
to  the  county  clerks  and  to  the  clerks  of  the  corporation  courts  of  the 
cities,  to  be  by  them  distributed  to  the  registrars  of  their  respective  elec- 
tion districts.  The  books  shall  be  so  arranged  as  to  admit  of  the  alpha- 
betical classification  of  those  registered,  and  shall  be  ruled  in  T)arallel 
columns  in  which  shall  be  entered  the  number,  name  of  voter,  the  fact 
that  he  is  sworn,  his  age,  occupation,  the  place  of  residence  at  time  of 
registration,  the  length  of  time  of  his  residence  in  the  county  or  city  and, 
if  in  a  city,  stating  the  name  of  the  street  and  number  of  house  in  which 
he  resides,  if  the  same  be  numbered;  the  time  of  his  residence  in  the  State, 
and  if  naturalized,  the  date  of  his  papers  and  the  court  by  which  issued, 
if  known,  and  if  registered  as  a  voter,  exempt  from  payment  of  poll  tax 
under  section  twenty-two  of  the  Constitution.  The  list  of  voters,  white 
and  colored,  shall  be  kept  and  arranged  in  separate  books.  (Code  1887, 
§  74;  1902-3-4,  p.  564.) 

Sec.  95.  Registration  oath. — Before  a  registrar  shall  register  the  name 
of  any  person  as  a  voter  he  shall  be  satisfied  of  his  qualification  as  herein- 
before prescribed,  and  every  person  applying  for  registration  shall,  before 

he  is  registered,  take  and  subscribe  the  following  oath:  "I, , 

do  solemnly  swear  (or  affirm)  that  I  am  entitled  to  register  under  the 
Constitution  and  laws  of  this  State,  and  that  I  am  not  disqualified  from 
exercising  the  right  of  suffrage  by  the  Constitution  of  Virginia,"  which 
oath,  so  subscribed,  shall  be  filed  with  the  registrar  and  preserved  with 
the  books  of  registration.  (Code  1887,  §  75;  1902-3-4,  p.  565.) 

Sec.  96.  Oath  of  registrar:  his  pay. — Each  registrar  shall,  before  en- 
tering upon  the  duties  of  his  office,  take  and  subscribe  before  some  officer 
authorized  by  law  to  administer  oaths,  the  oath  of  office  prescribed  in  the 


Virginia  Election  Laws  17 

Constitution  of  this  State,  which  oath  he  shall  subscribe  and  file  in  the 
clerk's  office  of  the  circuit  court  of  his  county  or  the  corporation  court  of 
his  city.  He  shall  receive  a  compensation  of  two  dollars  for  each  day 
that  he  is  sitting  as  registrar,  and  one  dollar  for  posting  notices,  to  be 
paid  out  of  the  county  or  corporation  treasury.  (Code  1887,  §  76.) 

Sec.  97.  Registrar  ineligible  to  office. — No  person  who  acts  as  regis- 
trar shall  be  eligible  to  an  office  to  be  filled  by  election  by  the  people  at 
the  election  to  be  held  next  after  he  has  so  acted  as  registrar.  (Code 

1887,   §   77.) 

Sec.  98.    When  voters  registered;   duties  of  registrars;   their  pay. — 

Each  registrar  in  the  cities  and  towns  of  this  State  shall  annually,  on  the 
third  Tuesday  in  May,  at  his  voting  place,  proceed  to  register  the  names  of 
all  qualified  voters  within  his  election  district  not  previously  registered  in 
the  said  district,  in  accordance  with  the  provisions  of  this  chapter,  who 
shall  apply  to  be  registered,  commencing  at  sunrise  and  closing  at  sunset, 
and  shall  complete  such  registration  on  the  third  Tuesday  in  May.  Thirty 
days  previous  to  the  November  elections  each  registrar  in  this  State  shall 
sit  one  day  for  the  purpose  of  amending  and  correcting  the  list,  at  which 
time  any  qualified  voter  applying,  and  not  previously  registered,  may  be 
added.  He  shall  give  notice  of  the  time  and  place  of  all  registrations  for 
at  least  ten  days  before  each  sitting,  by  posting  written  or  printed  notices 
thereof  at  ten  or  more  public  places  in  his  election  district.  The  registrar 
shall,  at  any  time  previous  to  the  regular  days  of  registration,  register  any 
voter  entitled  to  vote  at  the  next  succeeding  election  who  may  apply  to 
him  to  be  registered;  and  he  shall  receive  as  compensation  ten  cents  for 
the  name  so  registered  on  days  other  than  the  regular  days  of  registration, 
the  same  to  be  paid  out  of  the  county  or  city  treasury.  It  shall  be  the  duty 
of  the  registrar  within  five  days  after  each  sitting,  to  have  posted  at  three 
or  more  public  places  in  his  election  district  written  or  printed  lists  of  the 
names  of  all  persons  so  admitted  to  registration,  and  at  the  same  time  also 
certify  to  the  clerk  of  the  circuit  court  of  the  county,  or  the  corporation 
court  of  the  city  a  true  copy  of  such  list,  and  to  have  like  list  posted  on 
the  day  of  the  election  at  the  place  of  voting  in  his  election  district. 

And  it  shall  be  the  duty  of  the  said  clerk,  upon  receipt  of  such  list, 
to  forthwith  record  in  a  suitable  book,  to  be  kept  in  his  office  for  that  pur- 
pose, the  names  of  the  registered  voters  so  certified,  in  alphabetical  ar- 
rangement. 

For  making  and  certifying  such  list  the  registrars  shall  be  allowed 
three  cents  for  each  ten  words,  counting  initials  as  words,  and  the  clerks 
for  recording  the  same  shall  be  allowed  two  cents  for  each  ten  words, 
counting  initials  as  words,  the  same  to  be  paid  out  of  the  treasury  of  the 
county,  city  or  town.  (Code  1887,  §  78;  1902-3-4,  p.  565;  1906,  p.  571; 
1916,  p.  770.) 

Sec.  99.  Clerks  to  furnish  registrars  with  names  of  voters  who  have 
been  convicted  of  certain  offenses;  their  names  and  the  names,  of  persons 
who  have  died  to  be  struck  from  books. — The  county  clerk,  and  the  clerk 
of  each  corporation  court  shall,  at  each  registration,  deliver  to  each 
registrar  in  his  county  or  city  a  list  of  all  voters,  who  have  been  convicted 
of  any  of  the  offenses  enumerated  in  section  twenty-three  of  the  Constitu- 
tion since  the  last  registration.  It  shall  be  the  duty  of  the  registrar  to 
correct  his  list  in  accordance  with  the  list  thus  furnished,  and  he  shall  strike 
from  the  list  of  voters  the  name  of  any  person  so  convicted  upon  the  pro- 
duction before  him  of  a  certificate  of  the  clerk  of  a  court  of  competent 
jurisdiction  that  such  person  has  been  so  convicted  since  December  first, 
eighteen  hundred  and  seventy-six,  in  such  court,  or  has  been  so  convicted 
by  a  mayor,  police  justice,  or  justice  of  the  peace  in  the  county,  city  or 
town  wherein  is  held  the  court  to  which  the  said  clerk  belongs,  unless  such 
person  shall  produce  a  pardon  from  the  Governor,  or  a  certificate  from  the 
Governor  that  his  disabilities  have  been  removed  by  him,  or  a  certificate 


18  Virginia  Election  Laws 

from  the  Keeper  of  the  Rolls  that  his  disabilities  have  been  removed  by  the 
General  Assembly.  It  shall  also  be  the  duty  of  the  registrar  to  strike  from 
the  list  of  voters  the  names  of  all  persons  who  are  proved  before  him  to 
have  died.  If  any  voter  whose  name  has  been  so  stricken  off  shall  appear 
at  any  election  and  offer  to  vote,  upon  satisfactory  proof  that  he  has  not 
changed  his  residence  since  his  registration,  his  name  shall  be  restored 
to  the  registration  books  by  the  judges  of  election,  and  he  shall  be  per- 
mitted to  vote  if  qualified  in  other  respects.  (Code  1887,  §  79;  1902-3-4, 
p.  565.) 

Sec.  100.    Voter  changing  his  residence  may  change  his  registration. — 

Whenever  a  registered  voter  changes  his  place  of  residence  from  one 
election  district  to  another,  in  the  same  county  or  city,  it  shall  be  lawful 
for  him  to  apply  for,  in  person  or  in  writing,  and  it  shall  be  the  duty  of 
the  registrar  of  his  former  election  district,  at  any  time,  to  furnish  a  certi- 
ficate that  he  was  duly  registered,  and  that  his  name  has,  since  his  removal, 
been  erased  from  the  registration  books  of  said  election  district,  which 
shall  be  sufficient  evidence  to  entitle  him  to  be  registered  in  the  election 
district  to  which  he  has  removed,  on  its  appearing  to  the  satisfaction  of  the 
registrar  that  he  has  resided,  prior  to  the  next  election,  in  such  district  for 
thirty  days;  and  the  name  of  every  such  person  shall  be  entered  at  any 
time,  by  the  registrar,  on  the  registration  books  of  the  election  district  to 
which  the  voter  has  removed;  but  in  cities  and  towns  containing  over  two 
thousand,  five  hundred  inhabitants,  the  name  of  such  person  shall  only  be 
entered  by  the  registrar  prior  to  or  on  the  days  named  in  section  ninety- 
eight;  and  whenever  a  registered  voter  changes  his  place  of  residence  from 
one  county  or  city  to  another  county  or  city,  it  shall  be  lawful  for  him  to 
apply  to  the  registrar  of  his  former  election  district,  at  any  time  up  to  and 
including  the  regular  days  of  registration,  in  person  or  in  writing,  to  fur- 
nish a  certificate  that  he  was  duly  registered,  and  that  his  name,  since  his 
change  of  residence  and  removal,  has  been  erased  from  the  registration 
books  of  said  election  district,  which  certificate  shall  be  delivered  to  the 
registrar  of  the  election  district  in  which  he  resides  and  offers  to  be  regis- 
tered in  the  county  or  city  to  which  he  has  removed,  and  will  entitle  him 
to  be  registered  in  said  district,  on  its  appearing  to  the  satisfaction  of  said 
registrar  that  he  has  resided,  or  will  have  resided  prior  to  the  next  election, 
in  the  county  or  city  to  which  he  has  removed,  for  one  year,  and  the  name 
of  every  such  person  shall  be  entered  at  any  time,  up  to  and  including 
the  regular  days  of  registration,  by  the  registrar,  on  the  registration  books 
of  the  election  district  in  which  said  person  resides,  and  no  voter  who  has 
been  heretofore  registered  at  any  election  district  in  this  State  shall  be 
entitled  to  be  registered  in  any  other  election  district,  unless  he  shall 
deliver  to  the  registrar  of  the  district  in  which  he  offers  to  be  registered 
said  certificate,  which  shall  be  kept  on  file  by  said  registrar. 

The  registrar  shall  receive  the  same  fee  for  issuing  a  certificate  of 
transfer  that  he  is  allowed  for  registering  a  voter  other  than  on  regular 
registration  days,  and  for  entering  on  his  registration  books  a  certificate 
of  registration  other  than  on  regular  registration  days  he  shall  receive  a 
like  fee.  (Code  1887,  §  80;  1899-90,  p.  189;  1902-3-4,  p.  566.) 

Sec.  101.  When  boundaries  of  district  changed,  how  voter  may  change 
his  registration. — When  the  boundaries  of  any  election  district,  changed  in 
pursuance  of  law,  shall  include  the  residence  of  any  voter  who  has  been 
already  registered  in  another  election  district,  it  shall  be  lawful  for  said 
voter  to  change  his  place  of  registration  to  his  own  election  district  in  the 
manner  provided  for  a  registered  voter  in  the  preceding  section.  (Code 
1887,  §  81.) 

Sec.  102.  Duty  of  registrars  when  bounds  of  election  districts 
changed. — When  a  re-arrangement  of  existing  election  districts  is  made, 
the  registrars  thereof  shall  make  out,  certify,  and  deliver  to  each  other, 
lists  of  the  registered  voters  in  their  respective  districts  whose  voting 
places  are  changed  by  the  re-arrangement;  or  when  a  new  election  district 


Virginia  Election  Laws  19 

is  created  out  of  one  or  more  already  existing,  the  registrar  of  the  old  dis- 
trict or  districts  shall  make  out,  certify,  and  deliver  to  the  registrar  of  the 
new  district,  a  list  of  the  registered  voters  who  have  been  placed  by  the 
change  in  the  new  district.  The  registrars  to  whom  said  lists  are  delivered, 
shall  forthwith  enter  the  names  of  the  persons  contained  in  said  lists  in 
their  respective  registration  books;  and  the  said  persons  shall  at  once  ac- 
quire the  right  to  vote  in  the  districts,  respectively,  to  which  they  are  so 
transferred.  The  names  thus  transferred  shall  be  stricken,  by  the  regis- 
trars transferring  them,  from  their  registration  books;  and  when  a  new 
district  is  created  as  aforesaid,  the  registrar  of  the  old  district  shall,  after 
making  such  transfers,  make  out  new  registration  books  for  his  district. 
For  such  services  as  may  be  rendered  by  the  registrars  under  this  section, 
the  board  of  supervisors  of  the  county  or  the  council  of  the  city,  as  the 
case  may  be,  shall  make  proper  allowance.  (Code  1887,  §  82.) 

Sec.  103.  Appeal  of  person  denied  registration. — Any  person  denied 
registration  shall  have  the  right  to  appeal,  without  payment  of  writ  tax 
or  giving  security  for  costs,  to  the  circuit  court  of  the  county  or  to  the 
corporation  court  of  the  city,  in  which  he  offers  to  register,  or  to  the  judge 
thereof  in  vacation,  by  presenting  to  such  court  or  judge,  within  ten  days 
thereafter,  a  petition  in  writing  to  have  his  right  to  register  determined, 
containing  a  statement  of  the  facts  proved  before  the  said  registrar,  to 
which  the  registrar  shall  make  answer  in  writing.  The  matter  shall  be 
heard  and  determined  upon  such  petition  and  answer  and  such  evidence 
as  may  be  introduced  in  support  thereof.  Such  proceedings  shall  take  pre- 
cedence over  all  other  business  of  the  said  court  or  judge,  and  shall  be 
heard  as  soon  as  possible.  Upon  the  filing  of  such  petition  the  clerk  of 
the  court  shall  at  once  give  notice  to  the  Commonwealth's  attorney  for  his 
county  or  city,  whose  duty  it  shall  be  to  appear  and  defend  against  said 
petition  in  behalf  of  the  State.  Judgment  in  favor  of  the  petitioner  shall 
entitle  him  to  registration.  From  a  judgment  rendered  against  him,  a 
writ  of  error  shall  lie  from  the  Supreme  Court  of  Appeals  in  favor  of  the 
petitioner.  (1902-3-4,  p.  544.) 

Sec.  104.  Registrars  to  deliver  books  to  judges  of  election;  fine  for 
failure. — The  registrar,  at  each  place  of  voting,  shall  deliver  to  the  judges 
of  election  his  registration  books,  not  later  than  sunrise  on  the  morning  of 
election  day;  and  after  such  election,  the  judges  of  election  shall  turn  over 
the  registration  books  to  the  registrar,  who  shall  keep  and  preserve  the 
same  and  the  said  registration  books  shall  at  all  times  be  open  to  public 
inspection.  Any  registrar,  negligently  failing  so  to  deliver  his  books,  shall 
be  fined  thirty  dollars;  and  any  registrar,  wilfully  failing  so  to  do,  shall  be 
fined  not  less  than  twenty  nor  more  than  one  hundred  dollars,  and  im- 
prisoned in  jail  not  less  than  six  nor  more  than  twelve  months.  (Code 
1887,  §  84.) 

Sec.  105.  Registrar  to  be  a  conservator  of  the  peace. — Every  registrar 
shall  preserve  order  at  and  in  the  vicinity  of  the  place  of  registration;  and 
to  enable  him  to  do  so,  he  shall  be  clothed  with  all  the  powers  of  a  con- 
servator of  the  peace  while  engaged  in  the  duties  imposed  by  law;  he  may 
exclude  from  the  place  of  registration  all  persons  whose  presence  he  deems 
unnecessary,  and  may  appoint  special  constables,  not  exceeding  three  in 
number,  in  each  magisterial  district  or  ward,  and  may  summon  the  by- 
standers or  other  persons  in  the  vicinity  to  assist  whenever,  in  his  judg- 
ment, it  shall  be  necessary  to  preserve  order.  (Code  1887,  §  85;  1902-3-4, 
pp.  15,  537,  567.) 

Sec.  106.  Disturbance  of  registrars;  punishment  therefor. — Any  per- 
son or  persons  who  shall,  by  threats,  intimidation,  abuse,  force,  or  other 
unlawful  means,  hinder,  delay,  or  disturb,  or  attempt  to  so  hinder,  delay, 
or  disturb,  any  registrar  in  the  discharge  of  his  duties  at  the  time  or  place 
set  apart  and  designated  for  registration  according  to  law,  shall  be  deemed 
guilty  of  a  misdemeanor.  (1902-3-4,  p.  16.) 


20  Virginia  Election  Laws 

Sec.  107.  How  registration  books  purged. — The  electoral  board  of 
every  county  or  city  may  direct  the  registration  books  of  any  precinct  to 
be  purged  whenever  they  deem  it  proper,  and  they  shall  direct  such  purg- 
ing of  the  registration  book  of  every  precinct  once  every  six  years.  When 
such  books  are  directed  to  be  purged,  it  shall  be  the  duty  of  the  registrar 
within  ten  days  previous  to  either  of  the  regular  days  of  registration,  to 
post  printed  notices  at  not  less  than  three  public  places  in  said  district, 
including  the  voting  place  therein,  of  the  names  of  all  persons  who,  in 
the  judgment  of  said  registrar,  or  those  who  may  be  alleged  by  any  three 
qualified  voters  of  said  election  district,  to  be  improperly  on  the  registra- 
tion books  of  that  district.  The  notice  shall  be  signed  by  the  registrar. 
On  the  regular  day  of  registration,  the  registrar  shall  hear  the  testimony 
produced  for  or 'against  the  right  of  the  persons  named  in  said  notice, 
to  be  retained  on  the  registration  books,  and  if  he  be  satisfied  that  any 
person  mentioned  in  said  notice  has  removed  from  said  election  district, 
has  died,  or  for  any  other  reason  is  not  entitled  to  be  on  the  registration 
books  of  said  district,  he  shall  strike  his  name  from  the  registration  books. 
If  the  registrar  shall  be  unable  to  hear  the  evidence  in  reference  to  the 
names  alleged  to  be  improperly  on  the  registration  books  on  the  regular 
days  of  registration,  the  books  shall  be  kept  open  as  to  such  names  only 
until  such  hearing  is  completed.  From  the  decision  of  the  registrar 
whereby  any  person  is  stricken  from  the  registration  books,  such  person 
shall  have  the  right  of  appeal,  as  provided  in  section  one  hundred  and 
three,  and  from  the  decision  of  a  registrar  refusing  to  strike  from  the 
registration  books  any  person  alleged  to  be  improperly  on  the  registration 
books,  any  qualified  voter  of  the  county  or  city  shall  have  the  like  right  of 
appeal.  Whenever  any  person's  name  has  been  placed  upon  the  registra- 
tion books  of  any  election  district,  and  an  election,  either  general  or 
special,  is  appointed  to  be  held  in  said  district  at  such  time  that  no  regular 
registration  day  will  intervene  between  the  time  when  the  name  of  such 
person  is  posted  as  required  by  law  and  the  said  election,  then  it  shall  be 
lawful  for  three  qualified  voters  of  said  election  district  to  appeal  to  the 
circuit  court  of  his  county  or  to  the  corporation  court  of  his  city,  or  the 
judge  thereof  in  vacation,  from  the  action  of  the  said  registrar  in  placing 
such  name  on  the  registration  books.  Such  appeal  shall  conform,  as  far 
as  practicable,  to  the  provisions  of  section  one  hundred  and  three,  and 
any  person  whose  right  to  have  his  name  remain  on  the  registration  books 
is  contested,  shall  have  at  least  five  days'  notice  of  the  time  and  place 
when  said  appeal  will  be'  heard. 

When  a  general  purging  of  the  registration  books  shall  be  ordered,  as 
hereinbefore  required,  the  registrar,  after  he  shall  have  purged  the  regis- 
tration books,  shall  make  a  copy  of  said  books  in  like  manner  as  is  pro- 
vided in  section  ninety-one,  leaving  off  all  names  stricken  therefrom 
under  the  provisions  of  this  section.  (Code  1887,  §  86;  1914,  p.  430.) 

Sec.  108.  Preservation  of  the  permanent  registration  rolls;  transfer 
of  voters  on  said  rolls;  copy  to  be  used  with  same  effect  as  the  original. — 

The  registration  rolls  or  books  made  by  the  boards  of  registration  ap- 
pointed by  the  Constitutional  Convention  which  assembled  in  Richmond 
on  the  twelfth  day  of  June,  nineteen  hundred  and  one,  and  which,  under 
the  registration  ordinance  adopted  by  said  convention,  have  been  delivered 
to  the  registrars,  shall  be  known  as  the  permanent  registration  rolls  or 
books,  and  shall  be  carefully  preserved  by  the  said  registrars,  and  the 
voters  on  said  rolls  or  books  shall  be  kept  separate  from  the  voters  whose 
names  have  been  or  shall  be  entered  on  the  registration  books  after  the 
first  day  of  January  , nineteen  hundred  and  four.  If  any  person  whose 
name  is  registered  on  said  permanent  roll  shall  move  to  another  precinct, 
he  shall  be  entitled  to  register  therein,  after  such  residence  therein  as  is 
required  by  law,  on  the  permanent  roll  upon  transfer  issued  by  the  regis- 
trar having  custody  of  the  permanent  roll  upon  which  he  last  registered, 
and  said  transfer  shall  state  that  the  voter's  name  is  on  the  permanent 


Virginia  Election  Laws  21 

roll,  and  a  note  of  such  transfer  shall  be  made  by  the  registrar  upon  the 
permanent  roll  in  his  possession.  The  registrar  giving  the  transfer  shall 
send  a  duplicate  to  the  county  clerk  of  his  county,  or  to  the  clerk  of  the 
corporation  court  of  his  city,  as  the  case  may  be,  who  shall  note  the  same 
upon  the  permanent  roll  in  his  possession,  and  the  registrar  of  the  pre- 
cinct to  which  said  voter  is  transferred  shall  send  a  certificate  of  his  regis- 
tration to  the  county  clerk  of  his  county,  or  to  the  clerk  of  the  corpora- 
tion court  of  his  city,  as  the  case  may  be,  who  shall  enter  the  voter's  name 
upon  the  permanent  roll  in  his  office,  and  be  entitled  to  the  same  fee  for 
his  service  that  the  registrar  is  for  registering  a  voter.  And  whenever 
any  permanent  roll  or  book  of  any  precinct  in  the  possession  of  the  regis- 
trar shall  be  lost  or  destroyed,  a  copy  of  the  permanent  roll  or  book  in 
the  county  clerk's  office  of  the  county,  or  in  the  office  of  the  clerk  of  the 
corporation  court  of  a  city,  as  the  case  may  be,  shall  be  made  and  certified 
by  the  county  clerk  of  the  county  or  clerk  of  the  corporation  court  of  the 
city,  as  the  case  may  be,  and  when  so  made  and  certified  shall  be  used  for 
all  purposes  with  the  same  force  and  effect  as  the  original  roll  or  book. 
The  clerk,  for  said  services,  shall  be  allowed  one  cent  for  every  fifteen 
words,  to  be  paid  out  of  the  treasury  of  the  said  county  or  city,  and  the 
registrar  shall  receive  for  the  services  required  of  him  under  this  section, 
the  same  fees  as  are  provided  for  making  transfers  in  section  one  hun- 
dred of  this  Code.  (1902-3-4,  p.  543.) 


CHAPTER    11. 

Provisions  Concerning  the  Payment  of  Capitation  Tax  as  a  Prerequisite 

to    Voting. 

Sec.  *  Sec. 

109.  Lists    of    all     persons     who     have    paid  114.    County     treasurers     to     furnish     incor- 

their    State    poll    taxes    shall    be    made  porated   towns    list   of   those   who   have 

by  treasurer ;  duties  of  clerk   in   refer-  paid    their    State    poll    taxes. 

ence    thereto;    posting    thereof    by    the  115>    Evidence    of    prepayment    of    State    poll 

1 -i  n     rf- u?        e  taxes    by    voters    transferred   from    one 

110.  Rights    of    court    or    judge    to    correct  city     Q/  county     to     another     city     or 

111.  Duty 'of  clerk  to  deliver   lists   with  poll  ^-^ 

books,  and  to  forward   copies  to  Audi-        116-    Omitted     capitation    taxes     and    capita- 
tor,  tion     taxes     of     persons     becoming     of 

112.  Compensation        for        treasurers        and  a^e   after   February   first. 

clerks.  117.    Record   of   assessments;   how   and   when 

113.  Penalties      on      treasurers,      clerks      and  payments    made    into    the    treasury. 

sheriffs. 

Sec.  109.  List  of  all  persons  who  have  paid  their  State  poll  taxes  shall 
be  made  by  treasurer;  duties  of  clerk  in  reference  thereto;  posting  thereof 
by  the  sheriff. — The  treasurer  of  each  county  and  city  shall,  at  least  five 
months  before  the  second  Tuesday  in  June  and  each  regular  election  in 
November,  file  with  the  clerk  of  the  circuit  court  of  his  county,  or  the  cor- 
poration court  of  his  city,  a  list  of  all  persons  in  his  county  or  city  who 
have  paid  not  later  than  six  months  prior  to  each  of  said  dates  the  State 
poll  taxes  required  by  the  Constitution  of  this  State  during  the  three  years 
next- preceding  that  in  which  such  election  is  to  be  held,  which  list  shall  be 
arranged  alphabetically  by  magisterial  districts  or  wards,  shall  state  the 
white  and  colored  persons  separately,  and  shall  be  verified  by  the  oath  of 
the  treasurer.  The  clerk,  within  ten  days  of  receipt  of  the  list,  shall  make 
and  certify  a  sufficient  number  of  copies  thereof,  and  shall  deliver  one  copy 
for  each  voting  place  in  his  county  or  city  to  the  sheriff  of  the  county  or 
sergeant  of  the  city,  whose  duty  it  shall  be  to  post  one  copy  without  delay, 
at  each  of  the  voting  places,  and,  within  ten  days  from  the  receipt  thereof, 
to  make  return  on  oath  to  the  clerk  as  to  the  places  where  and  dates  at 


22  Virginia  Election  Laws 

which  said  copies  were  respectively  posted;  which  return  the  clerk  shall 
record  in  a  book  kept  in  his  office  for  the  purpose;  and  he  shall  keep  in 
his  office  for  public  inspection,  for  at  least  sixty  days  after  receiving  the 
list,  not  less  than  ten  certified  copies  thereof.  (1904,  p.  131;  1908,  p.  162.) 

Sec.  110.  Right  of  court  or  judge  to  correct  lists. — Within  thirty 
days  after  the  list  has  been  so  posted  any  person  who  shall  have  paid  his 
capitation  tax,  but  whose  name  is  omitted  from  the  certified  list,  may, 
after  five  days'  written  notice  to  the  treasurer,  apply  to  the  circuit  court 
of  his  county,  or  corporation  court  of  his  city,  or  to  the  judge  thereof  in 
vacation,  to  have  the  same  corrected  and  his  name  entered  thereon,  which 
application  the  court  or  judge  shall  promptly  hear  and  decide.  If  it  be 
decided  that  the  name  was  improperly  omitted,  the  judge  shall  enter  an 
order  to  that  effect  and  the  clerk  of  the  court  shall  correct  the  list  fur- 
nished him  by  the  treasurer  accordingly,  and  deliver  a  certified  copy  of 
such  corrected  list  to  the  judges  of  election  at  the  precinct  at  which  such 
voter  is  registered.  (1904,  p.  131;  1908,  p.  162.) 

Sec.  111.  Duty  of  clerk  to  deliver  lists  with  poll  books,  and  to  forward 
copies  to  Auditor. — The  clerk  shall  deliver,  or  cause  to  be  delivered,  with 
the  poll  books  at  a  reasonable  time  before  every  election,  to  one  of  the 
judges  of  election  of  each  precinct  in  his  county  or  city,  a  like  certified 
copy  of  the  list,  which  shall  be  conclusive  evidence  of  the  facts  therein 
stated  for  the  purpose  of  voting.  The  clerk  shall  also,  within  sixty  days 
after  the  filing  of  the  list  by  the  treasurer,  forward  a  certified  copy  thereof, 
with  such  corrections  as  may  have  been  made  by  order  of  the  court  or 
judge,  to  the  Auditor  of  Public  Accounts,  who  shall  charge  the  amount  of 
the  poll  taxes  stated  therein  to  such  treasurer,  unless  previously  accounted 
for.  (1904,  p.  131;  1908,  p.  162.) 

Sec.    112.    Compensation   for   treasurers   and   clerks. For  making  and 

certifying  such  lists  the  treasurer  shall  be  allowed  three  cents  for  each  ten 
words,  counting  initials  as  words,  and  the  clerk  for  copying  and  certifying 
the  same  shall  be  allowed  two  cents  for  each  ten  words,  counting  initials 
as  words,  for  the  first  copy,  and  the  actual  reasonable  costs  of  printing  or 
otherwise  making,  in  the  cheapest  way  obtainable,  the  other  copies  he  is 
required  to  make.  The  sheriff  or  sergeant  posting  the  lists  shall  receive 
twenty-five  cents  for  each  list  which  he  posts.  These  fees  shall  be  paid 
out  of  the  treasury  of  the  county  or  city  wherein  such  lists  are  made. 
(1904,  p.  131;  1908,  p.  162;  1916,  p.  757.) 

Sec.  113.  Penalties  on  treasurers,  clerks  and  sheriffs. — Any  treasurer, 
clerk,  or  sheriff  failing  or  refusing  to  comply  with  the  provisions  of  the 
four  preceding  sections  shall,  upon  conviction,  be  deemed  guilty  of  a  mis- 
demeanor, and  be  punished  by  a  fine  of  not  less  than  fifty  and  not  exceed- 
ing one  thousand  dollars.  (1904,  p.  131;  1908,  p.  162.) 

Sec.  114.  County  treasurers  to  furnish  incorporated  towns  list  of 
those  who  have  paid  their  State  poll  taxes. — The  treasurer  of  every  county 
in  this  Commonwealth  in  which  any  incorporated  town  is  located,  in  which 
a  regular  election  is  to  be  held  on  the  second  Tuesday  in  June  in  any 
year  in  pursuance  of  law,  shall  furnish  the  clerk  of  the  circuit  court  of  his 
county  with  a  list  of  the  residents  of  said  incorporated  town  who  have 
paid  the  State  poll  tax  provided  by  law  six  months  prior  to  the  second 
Tuesday  in  June. 

The  said  lists  shall  be  prepared  and  posted  in  all  respects  as.it  is  pro- 
vided for  in  section  thirty-eight  of  the  Constitution;  and  the  treasurer 
shall  receive  such  compensation  as  is  now  provided  by  law  for  similar 
services  in  preparing  lists  required  by  section  thirty-eight  of  the  Consti- 
tution. (1902-3-4,  p.  946;  1908,  p.  162.) 

Sec.  115.  Evidence  of  the  prepayment  of  State  poll  taxes  by  voters 
transferred  from  one  city  or  county  to  another  city  or  county. — In  any  case 
where  a  voter  has  been  transferred  from  one  city  or  county  to  another 
city  or  county,  and  has  paid  his  State  poll  taxes  for  the  three  years  next 


Virginia  Election  Laws  23 

preceding  that  in  which  he  offers  to  vote,  or  for  any  of  said  years,  in  any 
county  or  city  in  this  State,  such  voter  may  exhibit  to  the  judges  of  elec- 
tion the  certificate  of  the  treasurer  of  the  city  or  county  wherein  the  said 
taxes  were  paid,  showing  such  payment,  and  that  the  same  was  made  at 
least  six  months  prior  to  the  election,  by  the  person  offering  to  vote,  such 
certificate  shall  be  conclusive  evidence  of  the  facts  therein  stated  for  the 
purpose  of  voting.  The  treasurer  of  any  county  or  city,  upon  the  appli- 
cation of  any  such  voters,  shall  furnish  the  certificate  herein  required. 
Any  treasurer  who  shall  give  a  false  certificate,  so  as  to  show  that  the 
taxes  have  been  paid  six  months  before  any  election  when  in  fact  they  have 
not  been  so  paid,  shall  be  guilty  of  a  misdmeanor.  The  granting  of  each 
false  certificate  shall  constitute  a  separate  offense.  (1904,  p.  308.) 

Sec.  116.  Omitted  capitation  taxes  and  capitation  taxes  of  persons  be- 
coming of  age  after  February  first. — Any  person  assessable  with  capitation 
taxes  for  any  year  or  years,  who  has  not  been  assessed  therewith,  and  any 
person  who  will  be  assessable  with  such  taxes  for  the  ensuing  year  by 
reason  of  his  becoming  of  age  after  the  first  of  February  in  any  year,  may 
apply  to  the  commissioner  of  the  revenue  for  the  district  of  the  county  or 
for  the  city  in  which  he  resides  and  have  himself  assessed  with  such 
omitted  capitation  taxes  or  with  such  capitation  taxes  as  shall  become 
assessable  against  him  for  the  ensuing  year  by  reason  of  his  becoming  of 
age  after  the  first  of  February  in  any  year,  and  it  shall  be  the  duty  of  the 
commissioner  of  the  revenue  to  assess  such  person  with  such  omitted  capi- 
tation taxes  or  with  such  capitation  taxes  as  will  become  assessable  against 
him  for  the  ensuing  year  by  reason  of  his  becoming  of  age  after  the  first 
of  February  in  any  year,  and  to  give  to  such  person  a  certificate  of  such 
assessment,  and  thereupon  the  treasurer  of  the  county  or  city  in  which 
the  person  so  assessed  resides  shall  receive  from  such  person  the  capitation 
taxes  set  out  in  such  certificate.  (1902-3-4,  p.  559;  1910,  p.  464.) 

Sec.  117.  Record  of  assessments;  how  and  when  payments  made  into 
the  treasury. — The  commissioner  of  the  revenue  making  the  assessments 
provided  for  in  the  preceding  section  shall  keep  a  record  thereof  and  re- 
port to  the  Auditor  of  Public  Accounts  on  the  first  day  of  January  and 
July  of  each  year  a  list  of  such  assessments  made  by  him  during  the  pre- 
ceding six  months.  The  county  and  city  treasurers  receiving  the  taxes 
assessed  under  the  preceding  section  shall  pay  the  same  into  the  treasury 
on  or  before  the  tenth  of  January  and  July  of  each  year  and  shall  furnish 
the  Auditor  of  Public  Accounts  with  a  list  of  the  taxes  received  by  them 
under  the  same.  The  Auditor  of  Public  Accounts  shall  charge  the  treas- 
urer with  the  amount  of  the  assessments  reported  by  the  commissioner  of 
the  revenue  and  shall  require  the  treasurer  to  account  for  the  amount  of 
such  assessments  received  by  him  and  shall  credit  him  with  so  much  of 
said  assessments  as  he  shall  state  under  oath  in  his  report  were  not  re- 
ceived by  him.  (1902-3-4,  p.  559;  1910,  p.  464.) 

CHAPTER   12. 

Elections  of  State,  County,  District,  and  City  Officers,  and  the  Terms  of 
Their  Offices;    Filling   Vacancies. 

Sec.  Sec. 

118.   Governor,    Lieutenant-Governor,    Attor-  tenant-Governor    vacant;    who    to    dis- 

ney-General,     Secretary    of    the     Com-  charge    duties;    how    vacancies    filled. 

monwealth,    State   Treasurer,    Superin-  121.   When     office     of     Lieutenant-Governor 

tendent     of     Public     Instruction,     and  vacant,    who    to    discharge    duties. 

Commissioner     of     Agriculture;     elec-  122.   How   vacancies   in   certain   offices   filled. 

tion  ;    term    of   office.  123.    Sheriffs,     attorneys     for     the     Common- 
19.   Returns;    how    votes    counted   and   elec-  wealth,    commissioners   of   the   revenue 

IOA     ™un    de^rmined-  and    treasurers;    when    elected;    terms 

120.    When    offices    of    Governor    and    Lieu-  of   office. 


24  Virginia  Election  Laws 

Sec.  Sec. 

124.  Clerks    of    courts;    when    elected;    term        132.    When     officers     to     enter     upon      their 

of   office.  duties. 

125.  Voters   of  cities  not  to  vote  for  county        133.    When  term  of  officer  elected  to  fill  va- 

officers.  cancy   commences   and   expires. 

126.  Surveyors    and    superintendents    of    the        134.   When  duties  of  officers  appointed  under 

poor ;    how    appointed ;    term    of    office.  section    one    hundred   and   twenty-eight 

127.  When     district    officers     to     be    elected;  or  to   fill   a   vacancy   begin    and  end. 

term    of    office.  135.   To    whom    writs    of    election    directed. 

128.  Additional   justices    and   constables   pro-        136.    By    whom    and    when    issued;    how    va- 

vided    for.  cancies    temporarily    filled. 

129.  Providing    for    officers    of    cities,    their        137.    When    officer    is    declared    insane,    office 

elction    or    appointment    and    term    of  shall    become    vacant. 

office.  138.   Vacancy   may  be  filled  by  judge  in  va- 

130.  When    election    held    to    fill    vacancy.  cation. 

131.  How    election    for    free    school    purposes  139.    Appointees    to    qualify    and    give    bond 

held    and    results    determined.  in   thirty   days. 

Sec.  118.  Governor,  Lieutenant-Governor,  Attorney-General,  Secre- 
tary of  the  Commonwealth,  State  Treasurer,  Superintendent  of  Public  In- 
struction, and  Commissioner  of  Agriculture;  election;  term  of  office. The 

Governor,  Lieutenant-Governor,  Attorney-General,  Secretary  of  the  Com- 
monwealth, State  Treasurer,  Superintendent  of  Public  Instruction,  and 
Commissioner  of  Agriculture  shall  be  chosen  by  the  qualified  voters  of  the 
Commonwealth,  at  the  general  election  to  be  held  on  the  Tuesday  after  the 
first  Monday  in  November,  of  the  year  one  thousand  nine  hundred  and 
twenty-one,  and  every  fourth  year  thereafter,  and  shall  hold  their  offices 
for  a  term  of  four  years,  to  commence  on  the  first  day  of  February  next 
succeeding  their  election.  (Code  1887,  §  87;  1902-3-4,  pp.  504,  740.) 

(Note. — Members    of   the    State    Corporation    Commission    are   now   elected    by   the    quali- 
fied voters  of  the  State.     Acts   1918,  p.    108,  printed  herein.     See  index.) 

Sec.    119.    Returns;   how  votes  counted  and  election  determined. — The 

Secretary  of  the  Commonwealth,  on  the  first  day  of  the  session  of  the 
General^  Assembly,  next  succeeding  the  election  of  a  Governor  and  Lieu- 
tenant-Governor, shall  deliver  the  returns  of  such  election  to  the  Speaker 
of  the  House  of  Delegates,  who  shall,  within  one  week  thereafter,  in  the 
presence  of  a  majority  of  the  Senate  and  House  of  Delegates,  open  said 
returns,  and  the  vote  shall  be  counted,  and  the  election  determined  in 
conformity  with  the  provisions  of  section  seventy  of  the  Constitution. 
(Code  1887,  §  88;  1902-3-4,  pp.  504,  740.) 

Sec.  120.  When  offices  of  Governor  and  Lieutenant-Governor  vacant, 
who  to  discharge  duties;  how  vacancies  filled. — When  a  vacancy  occurs  in 
the  office  of  Governor  and  Lieutenant-Governor,  the  duties  of  the  office  of 
Governor  shall  be  discharged  by  the  President  pro  tempore  of  the  Senate, 
until  a  Governor  is  elected  and  qualified;  or  if  the  Senate  be  not  in  session, 
by  the  person  who  was  President  pro  tempore  at  the  close  of  the  last  pre- 
ceding session.  While  so  discharging  the  duties  of  the  office  of  Governor, 
such  person  shall  not  act  as  President  pro  tempore  of  the  Senate,  nor  vote 
as  a  member  thereof.  He  shall,  within  five  days  after  such  vacancy 
occurs,  issue  writs  of  election  for  the  unexpired  terms  of  the  said  officers, 
to  be  held  within  sixty  days  from  the  issuing  of  such  writs.  If  the  Gen- 
eral Assembly  be  not  in  session  at  the  time  of  such  election,  or  be  not 
otherwise  convened  within  sixty  days  thereafter,  it  shall  be  his  duty  to 
convene  the  same  within  the  sixty  days,  in  order  that  the  vote  may  be 
counted  in  the  mode  prescribed  by  the  Constitution.  (Code  1887,  §  89; 
1902-3-4,  pp.  504,  741.) 

Sec.  121.  When  office  of  Lieutenant-Governor  vacant,  who  to  dis- 
charge duties. — When  a  vacancy  occurs  in  the  office  of  Lieutenant-Gov- 
ernor only,  the  duties  of  that  office  shall  be  discharged  by  the  President 
pro  tempore  of  the  Senate,  but  he  shall  not  by  reason  thereof  be  deprived 
of  his  right  to  act  and  vote  as  a  member  of  the  Senate.  (Code  1887, 
§  90;  1902-3-4,  pp.  504,  741.) 


Virginia  Election  Laivs  25 

Sec.  122.  How  vacancies  in  certain  offices  filled. — When  a  vacancy 
occurs  during  the  session  of  the  General  Assembly  in  the  office  of  Attor- 
ney-General, Secretary  of  the  Commonwealth,  or  State  Treasurer,  it  shall 
be  filled  by  election  by  the  joint  vote  of  two  houses.  If  such  vacancy 
occur  during  a  recess  of  the  General  Assembly,  the  Governor  shall  fill,  pro 
tempore,  the  vacancy  by  commission  to  expire  with  the  expiration  of  such 
unexpired  term  or  at  the  end  of  thirty  days  after  the  commencement  of 
the  next  session  of  the  General  Assembly,  whichever  shall  happen  first.  At 
such  next  session,  the  General  Assembly  shall  fill  any  such  vacancy  by 
election  by  the  joint  vote  of  the  two  houses  for  the  unexpired  portion  of 
the  term.  (Code  1887,  §  91;  1902-3-4,  pp.  504,  741;  1920,  p.  11.) 

Sec.  123.  Sheriffs,  attorneys  for  the  Commonwealth,  commissioners 
of  the  revenue  and  treasurers;  when  elected;  terms  of  office. — Sheriffs,  at- 
torneys for  the  Commonwealth,  county  treasurers  and  commissioners  of 
the  revenue  shall  be  chosen  by  the  qualified  voters  of  the  respective  coun- 
ties, at  the  general  election,  on  the  Tuesday  after  the  first  Monday  in 
November,  nineteen  hundred  and  nineteen,  and  every  fourth  year  there- 
after, and  shall  hold  their  offices  for  the  term  of  four  years  from  the  first 
day  of  January  next  succeeding  their  election.  (Code  1887,  §  92; 
1902-3-4,  pp.  504,  741;  1906,  p.  251;  1908,  p.  66.) 

Sec.  124.  Clerks  of  courts;  when  elected;  term  of  office. — In  every 
county  there  shall  be  a  county  clerk,  who  shall  be  the  clerk  of  the  circuit 
court  of  the  said  county.  Clerks  shall  be  chosen  by  the  qualified  voters 
of  the  respective  counties,  at  the  general  election,  on  the  Tuesday  after 
the  first  Monday  in  November,  nineteen  hundred  and  nineteen,  and  every 
eighth  year  thereafter,  and  shall  hold  their  offices  for  a  term  of  eight 
years  from  the  first  day  of  January  next  succeeding  their  election.  (Code 
1887,  §  93;  1902-3-4,  pp.  504,  742.) 

Sec.  125.  Voters  of  cities  not  to  vote  for  county  officers. — Nothing 
contained  in  the  two  preceding  sections  shall  be  construed  to  authorize  the 
voters  of  any  city,  living  within  the  corporate  limits  thereof,  to  vote  at 
any  election  held  for  treasurer,  Commonwealth's  attorney,  sheriff,  clerk, 
or  any  commissioner  of  the  revenue  for  the  county  in  which  the  said  city 
is  located  in  whole  or  in  part.  (Code  1887,  §  94;  1902-3-4,  pp.  504,  742.) 

Sec.  126.  Surveyors  and  superintendents  of  the  poor;  how  appointed; 
term  of  office. — The  judge  of  each  circuit  court  in  term-time  or  vacation 
shall,  upon  the  recommendation  of  the  board  of  supervisors  in  each  county 
in  which  he  holds  court,  in  the  month  of  November,  nineteen  hundred  and 
nineteen,  and  every  fourth  year  thereafter,  or  whenever  a  vacancy  occurs, 
appoint  for  each  county  in  which  he  holds  his  court  one  county  surveyor 
and  one  superintendent  of  the  poor;  but  he  may,  if  he  thinks  proper,  for 
reasons  entered  of  record,  reject  the  recommendation,  and  unless  the  board 
of  supervisors  recommend  other  persons  suitable,  in  his  opinion,  for  said 
offices,  within  thirty  days  after  their  first  recommendation  has  been  re- 
jected, he  shall  fill  the  said  offices,  or  either  of  them,  by  his  own  appoint- 
ment in  term-time,  or  in  vacation.  Such  officers  shall  enter  upon  the  du- 
ties of  their  offices  upon  the  first  day  of  January  next  succeeding  their 
appointment,  and  shall  hold  their  offices  for  the  term  of  four  years,  ex- 
cept that  in  case  of  an  appointment  made  to  fill  a  vacancy,  the  term  of 
office  shall  commence  as  soon  as  the  officer  shall  qualify,  and  shall  con- 
tinue for  the  unexpired  portion  of  the  term  of  four  years  hereinbefore 
specified.  (Code  1887,  §  95;  1889-90,  p.  233;  1893-94,  p.  795;  1897-8, 
p.  975;  1902-3-4,  pp.  504,  742;  1904,  p.  324.) 

Sec.  127.  When  district  officers  to  be  elected;  terms  of  office. — In  each 
magisterial  district  there  shall  be  chosen  by  the  qualified  voters  thereof 
at  the  general  election  to  be  held  on  the  Tuesday  after  the  first  Monday  in 
November,  in  the  year  nineteen  hundred  and  nineteen,  and  every  four 


26  Virginia  Election  Laws 

years  thereafter,  one  supervisor,  one  constable,  three  justices,  and  one 
overseer  of  the  poor,  who  shall  hold  their  respective  offices  for  the  term 
of  four  years.  (Code  1887,  §  96;  1902-3-4,  pp.  504,  743.) 

Sec.  128.  Additional  justices  and  constables  provided  for. — Whenever 
a  circuit  court  shall  be  of  opinion  that  the  public  service  requires  a  greater 
number  of  justices  or  constables  in  any  district  than  those  specified  in  the 
preceding  section,  and  shall  so  enter  of  record  and  designate  the  number 
of  such  additional  officers,  notice  thereof  shall  be  published  in  such  dis- 
trict, and  at  the  next  succeeding  general  election  for  district  officers,  such 
additional  officers  shall  be  elected  in  the  mode  prescribed  for  the  election 
of  district  officers,  and  continue  to  be  elected  at  each  succeeding  general 
election  of  district  officers  until  otherwise  ordered  by  the  court.  And 
it  shall  be  lawful  for  the  said  court  to  appoint  officers  to  serve  until  such 
additional  officers  are  elected  and  qualified.  Such  officers,  whether  elected 
or  appointed,  shall  qualify  and  give  bond  as  prescribed  for  district  officers. 
The  said  court  may,  in  its  discretion,  revoke  the  order  requiring  such 
additional  officers,  such  revocation  to  take  effect  at  the  expiration  of  the 
terms  of  such  officers.  (Code  1887,  §  97;  1902-3-4,  pp.  504,  743.) 

Sec.  129.  Providing  for  officers  of  cities,  their  election  or  appointment 
and  term  of  office. — In  each  city  of  this  Commonwealth  there  shall  be 
elected  by  the  qualified  voters  thereof  on  the  second  Tuesday  in  June, 
nineteen  hundred  and  twenty,  and  every  four  years  thereafter,  a  mayor, 
who  shall  be  the  chief  executive  officer  of  such  city,  whose  term  of  office 
shall  begin  on  the  first  day  of  September  succeeding  his  election,  and  con- 
tinue for  four  years  thereafter.  On  the  Tuesday  after  the  first  Monday 
in  November,  nineteen  hundred  and  twenty-one,  and  every  four  years 
thereafter,  the  qualified  voters  of  each  of  the  cities  of  this  Commonwealth 
shall  elect  a  city  sergeant,  an  attorney  for  the  Commonwealth,  a  city 
treasurer,  and  all  other  city  officers  elected  by  such  qualified  voters  whose 
election  is  not  otherwise  provided  for  by  law,  whose  term  of  office  shall 
begin  on  the  first  day  of  January  next  succeeding  their  election,  and  con- 
tinue for  four  years  thereafter.  In  each  city  which  has  a  court  in  whose 
office  deeds  are  admitted  to  record,  except  the  cities  of  Bristol,  Radford 
and  Buena  Vista,  there  shall  be  elected  by  the  qualified  voters  on  the  Tues- 
day after  the  first  Monday  in  November,  nineteen  hundred  and  twenty- 
one,  and  every  eight  years  thereafter,  a  clerk  of  such  court  to  be  called 
the  clerk  of  the  corporation  or  hustings  court,  whose  term  of  office  shall 
begin  on  the  first  day  of  February  of  the  second  year  after  such  election, 
and  shall  continue  thereafter  for  eight  years,  and  in  the  city  of  Richmond 
there  shall  be  elected  also  at  the  same  time  and  for  the  same  terms  a 
clerk  of  the  Chancery  Court,  and  a  clerk  of  the  Law  and  Equity  Court, 
and  a  clerk  of  the  Hustings  Court,  and  a  clerk  of  the  Hustings  Court, 
Part  II,  of  the  city  of  Richmond,  whose  term  of  office  shall  begin  on  the 
first  day  of  February  of  the  second  year  after  such  election. 

In  cities  having  a  population  of  thirty  thousand  or  more  there  shall 
be  elected  by  the  qualified  voters  a  separate  clerk  of  the  circuit  court  of 
such  city  on  the  Tuesday  after  the  first  Monday  in  November,  nineteen 
hundred  and  nineteen,  and  every  eight  years  thereafter,  whose  term  of 
office  shall  begin  on  the  first  day  of  January,  succeeding  his  election,  and 
continue  thereafter  for  eight  years. 

In  the  cities  of  Radford,  Bristol  and  Buena  Vista  there  shall  be  elected 
by  the  qualified  voters  on  the  Tuesday  after  the  first  Monday  in  November, 
nineteen  hundred  and  nineteen,  and  every  eight  years  thereafter,  unless 
such  courts  are  soon  abolished,  a  clerk  of  such  city  court,  to  be  called 
the  clerk  of  the  corporation  court,  whose  term  of  office  shall  begin  on  the 
first  day  of  February  following  his  election,  and  continue  for  eight  years 
thereafter,  unless  the  said  court  shall  be  sooner  abolished. 

On  the  Tuesday  after  the  first  Monday  in  November,  nineteen  hun- 
dred and  twenty-one,  and  every  four  years  thereafter,  the  qualified  voters 


Virginia  Election  Laws  27 

of  each  of  the  cities  of  this  Commonwealth  shall  elect  a  commissioner  of 
the  revenue,  whose  term  of  office  shall  begin  on  the  first  day  of  January 
next  succeeding  his  election  and  continue  for  four  years  thereafter.  (Code 
1887,  §  98;  1889-90,  p.  45;  1902-3-4,  pp.  106,  304,  743;  1906,  p.  251; 
1908,  p.  66.) 

Sec.  130.  When  election  held  to  fill  vacancy. — In  case  the  election  to 
any  public  office  required  to  be  filled  by  the  qualified  voters  of  any  county, 
corporation,  magisterial  district,  or  ward,  shall  not  be  specially  provided 
for  by  law,  an  election  to  such  office  may  be  held  at  the  general  election 
held  next  before  the  time  provided  for  the  term  of  such  office  to  commence. 
(Code  1887,  §  100;  1902-3-4,  pp.  504,  744.) 

Sec.  131.  How  election  for  free  school  purposes  held  and  results  de- 
termined.— All  officers  who,  under  the  general  laws,  are  charged  with  the 
conduct  of  elections  and  the  determination  of  the  results  thereof,  shall 
render  official  service  in  the  matter  of  votes  ordered  for  public  free  school 
purposes.  But  all  election  for  public  free  school  purposes  shall  be  held, 
after  notice  thereof  given  according  in  section  one  hundred  and  forty-six. 
(Code  1887,  §  101;  1902-3-4,  pp.  504,  744.) 

Sec.  132.  When  officers  to  enter  upon  their  duties. — All  State,  county, 
district,  and  city  officers  chosen  at  a  general  election  shall,  unless  other- 
wise provided,  enter  upon  the  duties  of  their  respective  offices  on  the  first 
day  of  January  next  thereafter,  except  that  the  terms  of  office  of  mayors, 
and  members  of  councils  of  cities  and  towns  shall  begin  on  the  first  day  of 
September  succeeding  their  election.  They  shall  continue  to  discharge  the 
duties  of  their  respective  offices  until  their  successors  shall  have  qualified. 
(Code  1887,  §  102;  1897-8,  p.  245;  1902-3-4,  pp.  504,  744.) 

Sec.  133.  When  term  of  office  elected  to  fill  vacancy  commences  and 
expires. — The  term  of  office  of  any  person  chosen  at  a  special  election  to 
fill  a  vacancy  in  any  public  office  shall  commence  as  soon  as  he  shall  qualify 
and  give  bond,  and  continue  for  the  unexpired  term  of  such  office.  (Code 
1887,  §  103;  1902-3-4,  pp.  504,  744.) 

Sec.  134.  When  duties  of  officers  appointed  under  section  one  hun- 
dred and  twenty-eight,  or  to  fill  a  vacancy,  begin  and  end. — Any  person 
appointed  a  justice  or  constable  under  the  provisions  of  section  one  hun- 
dred and  twenty-eight,  or  to  fill  a  vacancy  in  any  public  office,  shall  enter 
upon  the  duties  thereof  as  soon  as  he  shall  have  qualified,  and  continue  to 
discharge  the  same  until  the  person  chosen  to  fill  the  office  has  qualified. 
(Code  1887,  §  104;  1902-3-4,  pp.  504,  745.) 

Sec.  135.  To  whom  v/rits  of  election  directed. — A  writ  of  election 
shall  be  directed  to  the  sheriff  of  the  county  or  sergeant  of  the  corporation 
for  which  the  election  is  to  be  held;  or  if  the  election  is  to  be  held  for  an 
election  district,  or  to  fill  a  vacancy  in  the  General  Assembly  or  in  Con- 
gress, to  the  sheriffs  and  sergeants  of  the  respective  counties  and  cities 
which,  or  any  part  of  which  are  included  in  the  district.  (Code  1887, 
§  105;  1902-3-4,  pp.  504,  745.) 

Sec.  136.  By  whom  and  when  issued;  how  vacancies  temporarily 
filled. — When  a  vacancy  occurs  in  any  county,  city,  town  or  district  office, 
and  no  other  provision  is  made  for  filling  the  same,  it  shall  be  filled  by  the 
circuit  court  of  the  county  or  corporation  court  of  the  city  in  which  it  oc- 
curs, or  the  judge  thereof  in  vacation;  provided,  however,  that  if  such 
vacancy  occurs  in  any  office  of  a  city  or  town  as  to  filling  which  vacancy 
there  is  no  provision  in  the  charter  or  ordinances  of  such  city  or  town,  and 
which  has  no  corporation  court,  the  same  shall  be  filled  by  the  circuit  court 
of  the  county  in  which  said  city  or  town  is  situated,  or  by  the  judge  thereof 
in  vacation;  when  in  the  office  of  clerk  of  a  county,  by  such  court,  or  the 
judge  thereof  in  vacation;  when  in  the  office  of  clerk  of  the  chancery  court 
of  the  city  of  Richmond,  by  the  said  court,  or  the  judge  thereof  in  vaca- 
tion; when  in  the  office  of  sheriff  of  said  city,  by  the  circuit  court  thereof, 


28  .        Virginia  Election  Laws 

and  when  in  the  office  of  corporation  court  clerk,  or  attorney  for  the  Com- 
monwealth for  a  city,  by  the  corporation  court  of  such  city,  or  the  judge 
thereof  in  vacation.  The  term  of  office  of  any  person  appointed  under  this 
section  shall  commence  as  soon  as  he  shall  qualify  and  continue  for  the 
unexpired  term  of  such  office.  Upon  the  death  of  a  clerk  of  court,  the 
deputy  clerk  thereof  shall  perform  all  the  duties  of  clerk  until  a  clerk  shall 
be  appointed  and  shall  qualify  according  to  law.  (Code  1887,  §  106; 
1897-8,  p.  687;  1891-2,  p.  564;  1902-3-4,  pp.  504,  745;  1920,  p.  410.) 

Sec.  137.    When  officer  is  declared  insane,  office  shall  become  vacant. 

Whenever  any  State,  county,  city,  town  or  district  officer,  whether  the 
same  be  executive,  judicial,  ministerial,  elective  or  appointive,  shall  be  ad- 
judged in  any  manner  prescribed  by  law  a  lunatic  or  insane  person,  the 
office  held  by  him  shall  become  vacant,  and  any  vacancy  occurring  by  rea- 
son thereof  shall  be  filled  in  the  manner  provided  by  law  for  filling  va- 
cancies in  such  offices.  (1912,  p.  6.) 

Sec.  138.  Vacancy  may  be  filled  by  judge  in  vacation. — Any  appoint- 
ment authorized  by  section  one  hundred  and  thirty-six  to  be  made  by  a 
court  may  be  made  by  the  judge  thereof  in  vacation;  and  the  appointment, 
when  made  in  vacation,  shall  be  certified  by  the  judge  making  the  same  to 
the  clerk  of  his  court,  to  be  entered  as  a  vacation  order.  (Code  1887, 
§  107;  1902-3-4,  pp.  504,  745.) 

Sec.    139.    Appointees   to   qualify    and   give   bond    in   thirty    days. — All 

officers  appointed  under  sections  one  hundred  and  thirty-six  and  one  hun- 
dred and  thirty-eight  to  fill  vacancies  shall,  within  thirty  days  after  their 
appointment,  qualify  and  give  bond  before  the  court  or  judge  making  the 
appointment,  or  before  the  clerk  of  the  court  having  authority  to  make 
such  appointment,  in  like  manner  as  is  provided  by  section  two  thousand 
six  hundred  and  ninety-six  for  the  qualification  of  such  officers  when 
elected  by  the  people;  and  if  he  qualify  before  the  jud<^e  in  vacation,  the 
judge  shall  certify  the  fact,  and  the  certificate  and  bond  shall  be  returned 
and  recorded  as  provided  by  law.  (Code  1887,  §  108;  1906,  p.  12.) 

CHAPTER    13. 

General  and  Special  Elections;  When  and  Where  to  Be  Held;  Regulations 
for  Their  Conduct  and  Government;  Compensation  for  Services  in 
Elections. 

Sec.  Sec. 

140.  General   elections;   when   held.  157.  Elections      for      President      and      Vice- 

141.  Special  elections;  what,  and  when  held.  President. 

142.  Elections;   where   held.  158.  Duties    of    electoral    boards,    seal,    etc. 

143.  Election    districts;    how    constituted.  159.  How  and  when   ballots  opened. 

144.  How    number    increased    or    diminished,  160.  How   voting   places   arranged. 

or       boundaries       altered,       or       name        161.    Persons    approaching    ballot   box;   order 
changed.  of  voting. 

145.  Councils    of    cities    to    establish    election        162.    Method   of   voting. 

districts.  163.    Ballot     not     to     be     carried     away     or 

146.  When   special   election   ordered   by   Gov-  copied;  penalty. 

ernor,    etc.;    how    writ    issued    and    no-  164.  Time  allowed  for  voting, 

tice   given.  165.  Defaced   ballots. 

147.  How   in   other   cases.  166.  Judges  to  assist  certain  voters. 

148.  How      judges      of     election      appointed;  167.  Crowds    forbidden;    counterfeit    ballots. 

failing   to   attend,    who   to    act.  168.   Elections    in   towns. 

149.  Qualification    of    judges    and    clerks.  169.    Penalty   for   violations. 

150.  How     and     by     whom     poll     books     fur-        170.    Cost  of  elections. 

nished.  171.  Ballot  boxes. 

151.  Form   of  poll   books.  172.  How   emptied   before   election. 

152.  When    polls    opened    and    closed.  173.  Where    ballot    box     kept;     how    ballots 

153.  Elections   to   be   by    ballot.  received   and    names   of   voters   entered 

154.  Duty   of   candidates   for   office.  on  poll  books. 

155.  How    and    when    ballots    printed.  174.  Challenges. 

15^6.    Oath    of   the   printer.  175.   How    challenge   tried. 


Virginia  Election  Laws  29 

Sec.  Sec. 

176  How     polls     closed;     when     votes     can-  188.  Board  of   State  canvassers. 

vassed  and  result  declared.  189.  Secretary     of     Commonwealth     to     open 

177.  How   votes    canvassed.  and    record    returns. 

178  How    votes    counted    and    returns    made.  190.  If    abstracts    not    forwarded,    messenger 

179!  When    ballots    void.  to    be    sent   for   them. 

180.  Poll    books    and    ballots    to    be    sealed:  191.  How      election      returns      canvassed      by 

when  and  by  whom  delivered  to  clerk  ;  State    board    and    certificates    of    elec- 

where  kept ;  if  returns  not  made  ;  how  tion  given. 

obtained.  192.   How    election    determined    in    case    of    a 

181.  Destruction    of    certain    poll    books    and  tie. 

ballots   in   clerk's   offices.  193.    Preservation    of    order    at    elections. 

182.  How      commissioners     of     election     ap-        194.    Intimidation,   etc.,   of   voters;   how    pre- 

pointed ;    when    to    meet    and    open    re-  vented  ;    punishment    therefor. 

turns;    how    vacancies    supplied.  195.    Intimidation,    etc.,    of    election    officers; 

183.  How      irregularities      in      returns      cor-  how  punished. 

rected.  196.   Disturbance  of  election;  how  prevented. 

184.  Who   to   receive   certificates   of  election;        197.   How      special      elections      superintended 

how   tie   determined.  and  determined. 

185.  Abstracts  of  votes   to  be  made  out   and        198.    Pay   of    clerks    of   courts. 

certified  ;  to   whom   forwarded.  ]  99 .    Pay   of   sheriffs    and   sergeants. 

186.  When   a   clerk  to   make  out   and   deliver        200.    Pay     of     judges,     clerks     and     commis- 

certificate   of   election.  sioners. 

187.  When  clerk  absent,  who  to  perform  his        201.    Pay   of   messenger. 

duties. 

Sec.  140.  General  Election;  when  held. — There  shall  be  held  through- 
out the  State  on  the  Tuesday  after  the  first  Monday  in  November  in  the 
counties  and  cities,  and  on  the  second  Tuesday  in  June  in  the  cities  and 
towns,  general  elections  for  all  officers  required  to  be  chosen  at  such 
elections  respectively.  (Code  1887,  §  109;  1902-3-4,  p.  923;  1906,  p.  19.) 

Sec.  141.  Special  elections;  what,  and  when  held. — Special  elections 
shall  be  deemed  to  be  such  as  are  held  in  pursuance  of  a  special  law,  and 
also  such  as  are  held  to  supply  vacancies  in  any  office,  whether  the  same 
be  filled  by  the  qualified  voters  of  the  State  or  of  any  county,  city,  town, 
magisterial  district,  or  ward,  and  the  same  may  be  held  at  such  time  as 
may  be  designated  by  such  special  law  or  the  proper  officer  duly  authorized 
to  order  such  elections.  (Code  1887,  §  110;  1902-3-4,  p.  923.) 

Sec.  142.  Elections;  where  held. — Polls  shall  be  opened  at  each  place 
of  voting  prescribed  by  law  in  all  counties,  cities,  towns,  and  election  dis- 
tricts in  which  officers  are  to  be  elected  by  the  people.  (Code  1887,  §  111; 
1902-3-4,  p.  923.) 

Sec.  143.  Election  districts;  how  constituted. — Each  magisterial  dis- 
trict of  a  county,  and  each  ward  of  a  city,  shall  severally  constitute  an 
election  district,  unless  such  magisterial  district  or  ward  be  divided  into 
more  election  districts  than  one,  and  the  elections  therein  shall  be  held 
at  such  place  or  places  as  may  be  designated  by  the  proper  authorities 
appointed  by  law  for  that  purpose.  The  election  districts  and  voting 
places  as  now  constituted  shall  so  continue  unless  and  until  changed  as 
hereinafter  provided.  (Code  1887,  §  112;  1887-8,  p.  16;  1902-3-4,  p.  923.) 

Sec.  144.  How  number  increased  or  diminished,  or  boundaries  altered, 
or  name  changed. — Upon  the  petition  of  twenty  qualified  voters  of  a  magis- 
terial district  of  a  county,  the  circuit  court  of  such  county  may,  in  its  dis- 
cretion, change  the  name  of  any  election  district  therein,  alter  the  boun- 
daries of  any  election  district  therein,  and  re-arrange,  increase  or  diminish 
the  number  thereof,  and  it  may  change  the  voting  places,  or  establish  others 
therein.  When  an  order  is  entered,  under  this  section,  changing  the  name 
of  an  election  district,  or  re-arranging,  increasing  or  diminishing  the  num- 
ber of  election  districts  in  a  magisterial  district,  it  shall  be  the  duty  of  the 
court  in  its  order  to  designate  such  new  election  district  or  districts  by 
proper  and  well  defined  boundaries.  A  copy  of  the  order  shall  be  posted, 
without  delay,  at  the  court  house  of  the  county,  also  at  the  voting  place 
of  an  election  district  the  name  of  which  has  been  changed,  and  at  each 


80  Virginia  Election  Laws 

new  voting  place  established,  and  at  any  former  voting  place  which  may 
be  affected  by  the  change;  but  no  change  shall  be  made  in  the  name  of  any 
election  district,  or  in  any  of  the  said  boundaries  or  voting  places,  within 
thirty  days  next  preceding  any  general  election,  nor  until  notice  shall  have 
been  posted  for  thirty  days  at  the  front  door  of  the  court  house  and  at 
each  voting  place  in  each  election  district  to  be  affected  by  the  said  change. 
(Code  1887,  §  113;  1902-3-4,  p.  923;  1912,  p.  590.) 

Sec.  145.  Councils  of  cities  to  establish  election  districts. — The  coun- 
cil of  a  city  shall  establish  for  each  ward  as  many  election  districts  as  it 
may  deem  necessary,  and  a  voting  place  in  each  district  (but  so  that  there 
shall  not  be  less  than  one  election  district  for  every  one  thousand  voters  or 
fractional  part  thereof  above  five  hundred),  and  prescribe  and  cause  to  be 
published  the  boundaries  of  said  districts;  and  it  may  alter  the  boundaries 
of  any  such  election  district,  and  re-arrange,  increase,  or  diminish  the 
number  thereof,  and  change  the  voting  places  or  establish  others  therein, 
not  to  exceed  however,  one  voting  place  for  each  election  district;  but  no 
change  shall  be  made  in  any  of  the  said  boundaries  or  voting  places  within 
thirty  days  next  preceding  any  general  election.  (Code  1887,  §  114; 
1902-3-4,  p.  923.) 

Sec.  146.  When  special  election  ordered  by  Governor,  etc.;  how  writ 
issued  and  notice  given. — Whenever  a  special  election  is  ordered  by  the 
Governor,  Speaker  of  the  House,  or  President  of  the  Senate,  it  shall  be  his 
duty  to  issue  a  writ  of  election,  designating  the  office  to  be  filled  at  such 
election  and  the  time  when  such  election  is  to  be  held,  and  to  transmit  the 
same  to  the  sheriff  of  the  county  and  the  sergeant  of  the  city  in  which 
such  election  is  to  be  held,  to  be  by  such  sheriff  or  sergeant  published  by 
posting  a  copy  thereof  at  each  voting  place  in  his  county  or  city  at  least 
ten  days  before  such  election.  Code  1887,  §  115;  1902-3-4,  p.  924.) 

Sec.  147.  How  in  other  cases. — Whenever  a  special  election  is  ordered 
to  fill  a  vacancy  otherwise  than  under  the  preceding  section,  it  shall  be  the 
duty  of  the  officer  ordering  such  election,  at  least  twenty  days  before  such 
election,  to  issue  his  writ  of  election,  directed  to  the  sheriff  of  the  county 
or  sergeant  of  the  city  or  town  in  which  the  election  is  to  be  held,  desig- 
nating therein  the  office  to  be  filled,  and  the  time  and  place  of  holding  the 
same;  upon  receipt  of  which  such  officer  shall  proceed  to  cause  public  no- 
tice to  be  given  of  such  election  in  the  same  manner  as  is  required  in  the 
preceding  section.  (Code  1887,  §  116;  1902-3-4,  p.  924.) 

Sec.  148.  How  judges  of  election  appointed;  failing  to  attend,  who  to 
act. — It  shall  be  the  duty  of  the  electoral  board  of  each  city  and  county 
appointed  as  provided  by  section  thirty-one  of  the  Constitution,  in  May, 
nineteen  hundred  and  nineteen,  and  in  each  year  thereafter,  to  appoint 
three  competent  citizens,  being  qualified  voters,  whose  terms  of  office  shall 
begin  on  the  first  of  June  following  their  appointment,  who  shall  con- 
stitute the  judges  of  election  for  all  elections  to  be  held  in  their  respec- 
tive election  districts  for  the  term  of  one  year  or  until  their  successors 
are  appointed,  and  shall  at  the  same  time  appoint  two  clerks  for  each  place 
of  voting,  whose  terms  of  office  shall  be  coincident  with  the  judges,  to 
whom  shall  be  administered  by  the  judges,  or  either  of  them,  or  by  the 
officer  swearing  the  judges,  the  same  oath  as  that  taken  by  the  said 
judges.  Whenever  it  is  possible  to  do  so,  the  persons  so  appointed  judges 
of  election  shall  be  chosen  for  each  voting  place  from  persons  known  to 
belong  to  the  two  political  parties  casting  the  highest  and  next  highest 
number  of  votes  at  the  last  preceding  election,  each  of  whom  shall  be 
able  to  read  and  write.  The  members  of  any  electoral  board  who  shall 
wilfully  fail  to  comply  with  this  requirement  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof  shall  be  fined  not  less  than  one 
hundred  nor  more  than  five  hundred  dollars;  but  no  election  shall  be 
deemed  invalid  when  the  judges  shall  not  belong  to  different  political 
parties  or  shall  not  possess  the  above  qualifications.  Should  any  judge  of 


Virginia  Election  Laws  31 

election  fail  to  attend  at  any  place  of  voting  for  one  hour  after  the  time 
prescribed  by  law  for  opening  the  polls  at  such  election  it  shall  be  lawful 
for  the  judge  or  judges  in  attendance  to  select  from  among  the  bystanders 
one  or  more  persons  possessing  the  qualifications  of  judge  of  election,  who 
shall  act  as  judge  or  judges  of  such  election,  and  who  shall  have  all  the 
powers  and  authority  of  judges  appointed  by  said  electoral  board;  but  if 
the  judge  or  judges  present  have  information  that  the  absent  judge  or 
judges  will  not  attend,  he  or  they  need  not  wait  for  the  expiration  of  an 
hour  or  any  other  time.  Should  all  the  judges  appointed  for  any  place  of 
voting  fail  or  refuse  to  attend  or  to  act  at  the  place  of  voting  for  one  hour 
after  the  time  prescribed  by  law  for  opening  the  polls  at  such  election,  it 
shall  be  the  duty  of  any  justice  of  the  district  in  which  the  election  is  held, 
who  shall  be  applied  to  for  that  purpose,  or  the  mayor,  if  the  election  is 
in  any  election  district  in  a  town  or  a  city,  to  appoint  three  judges  of 
election  for  such  election  district,  who  shall  possess  the  same  qualifications 
and  have  the  same  powers  as  judges  appointed  by  an  electoral  board. 
Should  no  judges  of  election  be  appointed  for  any  county,  city,  or  place  of 
voting  therein,  for  one  hour  after  the  time  prescribed  by  law  for  opening 
the  polls  at  such  election,  it  shall  be  lawful  for  any  three  qualified  voters 
of  the  district,  who  shall  be  present  and  willing  to  act,  upon  taking  the 
oath  prescribed  for  judges  of  election,  to  proceed  to  hold,  conduct,  and 
certify  the  election  in  the  manner  provided  in  this  chapter,  and  for  that 
purpose  shall  have  all  the  powers  and  authority  of  judges  appointed  by 
an  electoral  board,  which  shall  include  the  power  to  appoint  clerks  if  those 
chosen  by  the  electoral  board  shall  fail  to  attend  or  refuse  to  act.  (Code 
1887,  §  117;  1897-8,  p.  858;  1902-3-4,  p.  924.) 

Sec.  149.  Qualification  of  judges  and  clerks. — No  person  shall  act  as 
a  judge  or  clerk  of  any  election  who  is  a  candidate  for,  or  the  deputy  or 
employee  of  any  person  who  is  a  candidate  for,  any'  office  to  be  filled  at 
such  election,  or  who  is  the  deputy  of  any  person  holding  any  office  or 
post  of  profit  or  emolument  under  the  United  States  government,  or  who  is 
in  the  employment  of  such  government,  or  holding  any  elective  office  of 
profit  or  trust  in  the  State,  or  in  any  county,  city,  or  town  thereof.  And 
before  any  judge  or  clerk  of  election  shall  enter  upon  the  performance  of 
the  duties  imposed  upon  him  by  law  he  shall  take  and  subscribe  an  oath 
in  the  following  form,  to-wit:  "I,  A  B,  judge  (or  clerk)  of  the  election  (as 
the  case  may  be),  do  solemnly  swear  (or  affirm)  that  I  will  perform  the 
duties  of  judge  (or  clerk)  of  the  election  (as  the  case  may  be))  according 
to  law  and  the  best  of  my  ability,  and  that  I  will  studiously  endeavor  to 
prevent  fraud,  deceit,  and  abuse  in  conducting  this  election.  So  help  me 
God."  If  there  is  no  one  present  authorized  to  administer  oaths,  the 
judges  of  election  may  administer  to  each  other  and  to  the  clerks  the  oaths 
above  provided  .  (Code  1887,  §  118;  1902-3-4,  p.  925.) 

Sec.  150.  How  and  by  whom  poll  books  furnished. — It  shall  be  the 
duty  of  the  county  clerk  of  the  county,  and  the  clerks  of  the  corporation 
courts,  on  the  first  day  of  April  and  October  in  each  year,  to  make  out  and 
transmit  to  the  Secretary  of  the  Commonwealth  a  list  of  the  number  of 
election  districts  in  their  respective  counties  and  corporations,  together 
with  the  number  of  voters  in  such  district;  upon  the  receipt  of  which  the 
Secretary  of  the  Commonwealth  shall  transmit  to  the  said  clerks,  respect- 
ively, duplicate  poll  books  or  poll  lists  for  each  election  district  in  their 
respective  counties  or  cities,  of  sufficient  size  to  contain  the  names  of  all 
the  voters  therein.  (Code  1887,  §  119;  1902-3-4,  p.  925.) 

Sec.  151.  Form  of  poll  books. — The  following  shall  be  the  form  of 
poll  books  to  be  kept  by  the  judges  and  clerks  of  election: 

Poll  books  of  the  election  held  in  the  county  of —  in  the 

election  district  of (or  in  the  election  district  of  

ward  of —     city)  in  the  year  one  thousand  nine  hundred 

and A  B,  C  D, and  E  F,  judges,  and  G.  H.  clerk  of  said 


32  Virginia  Election  Laws 

election,  were  respectively  sworn  (or  affirmed)  as  the  law  directs  previous 
to  their  entering  on  the  duties  of  their  respective  offices: 

Number  and  Names  of  Electors. 
A   B,    ........................................  No.   1. 

C    D,    ........................................  No.   2. 

E   F,    ........................................  No.   3. 

G   H,    ........................................  No.   4. 

It  is  hereby  certified   that  the   number   of   electors   at  this   election 
amounts  to  --  .     And  we  further  certify  that  -  —  ballots 

were  not  counted  because  void. 

Attest:  A  B,  1 

C  D,  Judges 

E  F.  J 

f   Q'   |  Clerks. 

Names  of  persons  voted  for,  and  for  what  office;  containing  the  num- 
ber of  votes  given  for  each  candidate. 

Governor.  Lieutenant-Governor.  Representatives  in 

Congress. 

A,—  1,  C—  1,  E—  1, 

B—  1,  D,—  1,  F—  1, 

Representatives  in  General  Assembly. 

Senate.  House  of  Delegates. 

G,—  1,  J,—  1, 

H,—  1,  K,—  1, 

And  such  other  officers  as  may  be  voted  for  at  the  said  election. 
We  hereby  certify  that  A  had  -  -  votes  for  Governor,  and  B 

had  —   -  votes  for  Governor;  that  C  had  -  votes  for  Lieutenant- 
Governor,  etc.  A   B, 

C  D,  Judges 

E  F, 

'  Clerks. 


(Code  1887,  §  120;  1897-8,  p.  710;  1902-3-4,  p.  925.) 
Sec.  152.   When  polls  opened  and  closed.  —  At  all  elections  by  the  peo 
pie,  the  polls  shall  be  opened  at  each  voting  place  at  sunrise  of  the  day 
on  which  the  election  is  directed  to  be  had,  and  closed  at  sunset  of  the 
same  day.      (Code  1887,  §  121;  1902-3-4,  p.  927.) 

Sec.  153.  Elections  to  be  by  ballot.  —  Every  elector  shall  vote  by  Dai- 
lot,  and  each  person  offering  to  vote  shall  deliver  a  single  ballot  to  one  of 
the  judges  of  election,  in  the  presence  of  the  other  two  judges.  The  ballot 
shall  be  a  white  paper  ticket,  without  any  distinguishing  mark  or  symbol, 
and  containing  on  one  side  the  names  of  the  candidates,  and  offices  to  be 
filled,  in  clear  print  and  due  and  orderly  succession,  and  the  names  of  all 
persons  voted  for  by  an  elector  shall  be  on  one  ballot,  and  the  form  thereof 
shall  be  the  same  in  all  places  when  the  same  persons  shall  be  voted  for 
for  the  same  offices;  but  any  voter  may  erase  any  name  on  the  ballot  voted 
by  him  and  insert  another.  (Code  1887,  §  122;  1902-3-4,  p.  927.) 

Sec.  154.  Duty  of  candidates  for  office.  —  Any  person  who  intends  to 
be  a  candidate  for  any  office,  State  or  national,  to  be  elected  by  the  electors 
of  the  State  at  large  or  of  a  congressional  district  shall,  at  least  thirty 
days  before  such  election,  notify  the  Secretary  of  the  Commonwealth,  in 
writing,  attested  by  two  witnesses,  of  such  intention,  designating  the  office 
for  which  he  is  a  candidate.  Such  written  notice  shall  be  signed  by  the 
said  candidate,  but,  if  he  be  incapable  of  writing  his  proper  signature,  then 
some  mark  adopted  by  him  as  his  signature  shall  be  acknowledged  before 
some  officer  authorized  to  take  acknowledgments  to  deeds  and  in  the  same 
manner.  Any  person  who  intends  to  be  a  candidate  for  any  office  not 
embraced  in  the  foregoing  at  any  election  shall  give  notice  at  least  thirty 


Virginia  Election  Laws  33 

days  before  such  election  to  the  county  clerk  or  clerks  of  the  county  or 
counties,  and  to  the  clerk  or  clerks  of  the  corporation  courts  of  the  city  or 
cities  whose  electors  vote  for  such  office,  which  notice  shall  in  all  re- 
spects be  in  the  same  form  as  that  above  described  required  to  be  given  to 
the  Secretary  of  the  Commonwealth.  No  person  not  announcing  his  can- 
didacy as  above  shall  have  his  name  printed  on  the  ballots  provided  for 
such  election.  On  receipt  of  the  foregoing  notice  it  shall  be  the  duty  of 
the  Secretary  of  the  Commonwealth  to  notify  the  secretary  of  each  elec- 
toral board  of  each  county  and  city  of  the  State  or  of  said  congressional 
district,  and  it  shall  be  the  duty  of  said  clerk  or  clerks  to  notify  the  secre- 
tary of  the  electoral  boards  of  their  respective  counties  and  cities,  which 
notices  shall  be  sent  by  the  Secretary  of  the  Commonwealth  and  clerks  im- 
mediately after  the  time  has  expired  in  which  candidates  may  give  notice 
of  their  candidacy  as  prescribed  by  this  section.  Said  clerks  shall  send 
copies  of  the  original  notice  of  candidacy  to  the  secretary  of  the  electoral 
board  when  they  notify  him.  Whenever  any  secretary  of  an  electoral 
board  is  elected  he  shall  at  once  notify  the  Secretary  of  the  Common- 
wealth of  his  election,  and  inform  him  as  to  his  postoffice  address.  (1899- 
00,  p.  969;  1902-3-1,  pp.  14,  468,  927.) 

Sec.  155.  How  and  when  ballots  printed. — It  shall  be  the  duty  of  the 
electoral  boards  of  the  several  counties  and  cities  of  this  State,  within 
thirty  days  preceding  each  election,  to  cause  to  be  printed  a  number  of  bal- 
lots equal  to  the  entire  registered  vote  of  the  said  county  or  city.  In  mag- 
isterial districts  of  a  county  or  wards  of  a  city,  only  the  names  of  the  can- 
didates to  be  voted  for  in  said  district  or  ward  shall  be  placed  on  the  said 
ballots.  These  ballots  shall  be  white  paper  tickets  without  any  distin- 
guishing mark  or  symbol,  shall  contain  the  names  of  all  the  candidates 
complying  with  the  provisions  of  the  law,  printed  in  black  ink,  immedi- 
ately below  the  office  for  which  they  have  so  announced  their  candidacy, 
in  due  and  orderly  succession,  and  the  names  on  said  ballot  shall  be  in 
clear  print,  in  the  same  order  and  each  name  in  a  separate  line,  and  the 
type  used  in  printing  said  ballots  shall  be  plain  Roman  type,  not  smaller 
than  pica.  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  927;  1920,  p.  309.) 

Sec.  156.  Oath  of  the  printer. — The  printer  with  whom  the  board 
shall  contract  for  the  printing  of  the  said  ballots  shall,  before  the  work  is 
commenced,  take  an  oath  before  the  secretary  of  said  board,  who  is  hereby 

empowered  to  administer  said  oath,  to  the  following  effect:  "I, , 

solemnly  swear  that  I  will  print  (here  insert  number)  ballots  according 
to  the  instructions  of  the  electoral  board  of  the  county  (or  city)  of 
— ;  that  I  will  print,  and  permit  to  be  printed,  directly  or  indi- 
rectly, no  more  than  the  above  number;  that  I  will  at  once  destroy  all 
imperfect  and  perfect  impressions  other  than  those  required  to  be  deliv- 
ered to  the  electoral  board;  that  as  soon  as  said  number  of  ballots  is 
printed  I  will  distribute  the  type  used  for  said  work,  and  that  I  will  not 
communicate  to  any  one  whomsoever,  in  any  manner  whatsoever,  the  size, 
style,  or  contents  of  said  ballots." 

This  oath  shall  be  reduced  to  writing  and  signed  by  the  person  taking 
it,  and  also  a  similar  affidavit  shall  be  required  of  any  employee  or  other 
person  engaged  upon  said  work,  or  who  shall  have  access  to  it;  and  any 
intentional  violation  of  said  oath  shall  constitute  the  crime  of  perjury.  It 
shall  be  the  duty  of  said  board  to  designate  one  of  their  number  to  be  con- 
tinuously present  in  the  room  in  which  the  said  ballots  are  printed  from 
the  commencement  until  the  end  of  said  work,  and  see  that  the  under- 
takings of  said  oath  are  strictly  complied  with.  For  the  faithful  discharge 
of  said  duty  he  shall  receive  the  compensation  of  two  dollars.  As  soon 
as  said  ballots  are  printed  they  shall  be  securely  wrapped  and  sealed,  and 
such  member  of  the  electoral  board  shall  take  and  keep  them  in  his 
exclusive  possession,  allowing  no  one  to  examine  them  until  delivered  to 
the  electoral  board  as  provided  by  law;  nor  shall  such  member  communi- 


34  Virginia  Election  Laws 

cate  to  any  one  any  information  as  to  the  size,  style,  or  contents  of  said 
ballots.  Any  violation  of  the  provisions  of  this  section,  for  which  no 
punishment  has  been  otherwise  provided,  shall  be  deemed  a  misdemeanor 
and  punished  by  a  fine  of  two  hundred  dollars  and  imprisonment  for  one 
month  in  jail.  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  927.) 

Sec.  157.  Elections  for  President  and  Vice-President. — In  elections 
for  President  and  Vice-President  of  the  United  States  the  names  of  elec- 
tors selected  by  the  different  political  parties,  together  with  the  names  of 
the  candidate  for  whom  they  are  expected  to  vote  in  the  electoral  college, 
shall  be  furnished  to  the  Secretary  of  the  Commonwealth  by  any  person 
or  persons  representing  said  parties  at  least  thirty  days  before  any  elec- 
tion for  the  said  electors  of  President  and  Vice-President  of  the  United 
States;  and  thereupon  it  shall  be  the  duty  of  the  Secretary  of  the  Com- 
monwealth to  immediately  notify  the  secretary  of  the  electoral  board  of 
each  county  and  city  of  the  State;  and  it  shall  then  become  the  duty  of  the 
electoral  boards  of  the  several  counties  and  cities  within  the  State,  within 
twenty  days  preceding  such  election,  to  cause  to  be  printed  on  the  official 
ballot  provided  for  in  this  chapter  the  name  of  each  candidate  for  Presi- 
dent and  Vice-President  of  each  political  party,  and  the  names  of  the 
electors  nominated  by  the  political  party  of  such  candidates;  and  the 
qualified  voters  at  said  election  shall  designate  their  preference  for  any 
candidates  for  President  and  Vice-President  by  scratching  the  names  of 
the  other  candidates  for  President  and  Vice-President,  as  is  provided  in 
section  one  hundred  and  sixty-two,  and  the  ballots  shall  be  counted  as  they 
would  be  counted  if  the  names  of  the  electors  had  been  scratched.  (1899- 
00,  p.  969;  1902-3-4,  pp.  14,  468,  928.) 

Sec.  158.  Duties  of  electoral  boards,  seal,  etc. — It  shall  be  the  duty 
of  the  electoral  board  to  procure  and  adopt  a  seal,  if  there  be  not  one 
already  adopted  by  the  electoral  board  of  such  city  or  county,  which  seal 
may  be  changed  from  time  to  time  in  the  discretion  of  said  board,  and  shall 
not  be  less  than  two  inches  in  diameter.  Said  board  shall  meet  as  soon  as 
convenient  after  the  printing  of  the  ballots  as  provided  for  in  this  chap- 
ter, of  which  meeting  the  chairman  of  the  board  of  supervisors  of  the 
county  or  the  commissioner  of  accounts  of  the  corporation  or  circuit  court 
of  the  city,  shall  be  notified,  and  at  which  there  shall  be  present  the  said 
chairman  or  commissioner  and  the  members  of  the  said  board,  but  no  other 
person;  and  in  the  event  of  the  inability,  through  sickness  or  other  in- 
capacity, of  the  said  chairman  or  either  of  said  commissioners  to  discharge 
any  of  the  duties  imposed  by  this  section,  it  shall  be  lawful  for  the  said 
duties  to  be  performed  by  some  other  member  of  the  board  of  supervisors 
of  said  county,  or  the  commissioner  of  accounts  of  the  corporation  or  cir- 
cuit court  of  some  other  city.  At  this  meeting  the  member  of  the  board 
who  shall  have  secured  from  the  printer  the  ballots  as  required  by  section 
one  hundred  and  fifty-six  shall  deliver  said  ballots  to  said  board.  The 
ballots  shall  then  be  carefully  counted  by  said  board  and  the  number 
thereof  entered  by  the  secretary  of  the  board  in  a  book  provided  by  him 
and  kept  for  such  purpose.  The  board  shall  affix  its  seal  to  every  ballot 
printed  as  above  provided,  upon  the  side  reverse  from  that  upon  which 
the  names  of  the  candidates  appear,  and  said  chairman  or  commissioner 
shall  thereupon  enter  of  record  upon  the  minutes  of  the  electoral  board  an 
affidavit  stating  that  said  ballots  were  counted  and  sealed  in  his  presence 
in  the  manner  prescribed  by  law.  Of  the  said  ballots  they  shall  make  as 
many  packages  as  there  are  voting  precincts  in  said  county  or  city,  one  for 
each  precinct,  which  package  shall  contain  twice  as  many  official  ballots  as 
there  are  voters  registered  at  the  precinct  for  which  it  is  intended.  Each 
of  these  packages  shall  be  securely  sealed  so  that  the  ballots  shall  be  in- 
visible, and  so  that  they  could  not  be  readily  opened  without  detection. 
Utton  each  of  said  packages  shall  be  endorsed  the  name  of  the  precinct  for 
which  it  is  intended  and  the  number  of  ballots  therein  contained.  The 


Virginia  Election  Laws  35 

packages  designed  for  the  various  precincts  shall  remain  in  the  exclusive 
possession  of  the  secretary  of  the  board  until  delivered  by  him  to  the 
judges,  or  one  of  the  judges,  of  election  of  the  several  precincts  as  pro- 
vided oy  the  following  section,  or  until  he  shall  have  delivered  the  same 
to  one  or  the  other  members  of  the  board  to  be  delivered  to  .the  judge  or 
judges  as  required  by  this  chapter.  The  secretary  of  said  electoral  board 
shall  keep  in  his  sole  custody  the  seal  or  stamp  of  said  board  and  in  a 
sealed  package,  to  be  opened  only  in  the  presence  of  the  electoral  board 
and  the  chairman  or  other  member  of  the  board  of  supervisors  or  the 
commissioner  of  accounts  of  the  corporation  or  circuit  court  when  in  the 
discharge  of  their  duties  as  prescribed  by  this  chapter.  (1899-00,  p.  969; 
1902-3-4,  pp.  14,  468,  929;  1920,  p.  795.) 

Sec.  159.  How  and  when  ballots  opened. — Before  every  election  the 
secretary  of  the  electoral  board  shall  deliver  to  the  judges,  or  one  of  the 
judges,  of  election  the  package  of  official  ballots  for  that  precinct,  taking 
a  receipt  therefor  and  a  certificate  that  the  seals  appeared  to  be  untam- 
pered  with.  And  in  the  event  of  the  inability,  by  sickness  or  other  in- 
capacity of  said  secretary  to  deliver  said  official  ballots,  the  said  electoral 
board  or  the  said  secretary  may  cause  them  to  be  delivered  by  another 
member  of  said  board.  Said  sealed  package,  at  the  opening  of  the  poll, 
shall  be  opened  in  the  presence  of  the  clerks  and  judges  of  election,  and 
the  ballots  in  said  packages  shall  then  be  carefully  counted.  All  ballots 
remaining  unused  at  the  close  of  the  polls  shall  be  carefully  destroyed  be- 
fore the  box  is  opened.  Any  person  wilfully  and  corruptly  failing  to  per- 
form the  duties  required  of  him,  or  intentionally  violating  any  of  the 
provisions  of  this  section,  or  opening  any  sealed  package  of  official  ballots, 
except  as  especially  provided  for  herein,  shall  be  deemed  guilty  of  a  mis- 
demeanor and  be  punished  with  a  fine  of  two  hundred  dollars  and  impris- 
oned one  month  in  jail.  (1890-00,  p.  969;  1902-3-4,  pp.  14,  468,  930.) 

Sec.  160.  How  voting  places  arranged. — It  shall  be  the  duty  of  the 
electoral  board  of  the  several  counties  and  cities  to  provide  at  each  of  the 
voting  places  in  their  respective  counties  and  cities  a  small  compartment 
or  booth  large  enough  to  contain  and  conceal  from  general  observation  a 
voter,  and  a  desk  or  other  convenience  for  writing.  In  said  booth  there 
shall  be  placed  pen  and  ink.  Said  compartment  or  booth  shall  be  so 
erected  that  a  person  standing  at  said  desk  in  said  booth  or  compartment 
shall  be  wholly  excluded  from  the  observation  of  the  clerks,  judges  of 
election,  and  other  persons.  The  said  board,  in  its  discretion,  may  have 
one  or  more  of  said  booths  at  said  voting  places.  (1899-00,  p.  969;  1902- 
3-4,  pp.  14,  468,  930.) 

Sec.  161.  Persons  approaching  ballot  box;  order  of  voting. — Except 
as  hereinafter  provided  for,  save  the  judges  of  election  and  clerks,  no  per- 
son other  than  the  elector  offering  to  vote  shall  be  within  forty  feet  of  the 
ballot  box.  The  judges  of  election  shall  promptly  decide  any  dispute  as  to 
precedence  of  electors  to  the  right  to  vote,  deciding  who  first  offered,  or 
if  two  or  more  offered  at  the  same  time,  selecting  the  one  to  whom  pre- 
cedence shall  be  given;  but  in  case  of  a  challenge  the  challengers  and  chal- 
lenged and  the  witnesses  may  appear  before  the  judges;  when  such  chal- 
lenge is  decided,  only  the  elector  having  the  right  to  vote  shall  remain 
within  the  prescribed  limits.  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  930.) 

Sec.  162.  Method  of  voting. — Every  elector  qualified  to  vote  at  a 
precinct  shall,  when  he  so  demands,  be  furnished  with  an  official  ballot  by 
one  of  the  judges  of  election  selected  for  that  duty  by  a  majority  of  the 
judges  present.  The  said  elector  shall  then  take  the  said  official  ballot 
and  retire  to  said  voting  booth.  He  shall  then  draw  a  line  with  a  pen  or 
pencil  through  the  names  of  the  candidates  he  does  not  wish  to  vote  for, 
leaving  the  title  of  the  office  and  the  name  or  names  of  the  candidates  he 
does  wish  to  vote  for  unscratched.  No  name  shall  be  considered  scratched 
unless  the  pen  or  pencil  mark  extends  through  three-fourths  of  the  length 


36  Virginia  Election  Laws 

of  said  name;  and  no  ballot,  save  an  official  ballot  especially  prepared  as 
provided  for  in  this  chapter  shall  be  counted  for  any  persons.  The  elector 
shall  fold  said  ballot  with  the  names  of  the  candidates  on  the  inside  and 
hand  the  same  to  the  judge  of  the  election,  who  shall  place  the  same  in 
the  ballot  box  without  any  inspection  further  than  to  assure  himself  that 
only  a  single  ballot  has  been  tendered  and  that  the  ballot  is  a  genuine 
ballot,  for  which  latter  purpose  he  may,  without  looking  at  the  printed 
inside  of  said  ballot,  inspect  the  official  seal  upon  the  back  thereof;  but,  it 
shall  be  lawful  for  any  voter  to  erase  any  or  all  names  printed  upon  said 
official  ballot  and  substitute  therein  in  writing  the  name  or  names  of  any 
person  or  persons  for  any  office  for  which  he  may  desire  to  vote.  (1899- 
00,  p.  969;  1902-3-4,  pp.  14,  468,  930.) 

Sec.  163.  Ballot  not  to  be  carried  away  or  copied;  penalty. — It  shall 
be  unlawful  for  any  elector  to  carry  the  official  ballot  furnished  him  by  the 
judge  of  election  further  than  the  voting  booth  or  to  make  any  copy  there- 
of, and  should  he,  after  inspecting  said  ballot,  conclude  not  to  vote,  he 
shall  immediately  return  said  ballot  to  the  judges  of  election.  Except  as 
provided  by  section  one  hundred  and  sixty-six,  no  person  shall  advise, 
counsel,  or  assist  any  elector,  by  writing,  word  or  gesture,  as  to  how  he 
shall  vote  or  mark  his  ballot  after  the  same  has  been  delivered  to  him  by 
the  judges  of  election.  Any  person  violating  the  provisions  of  this  section 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  not  less  than  five  hundred  nor  more  than  one  thousand  dol- 
lars and  confined  in  jail  six  months.  If  any  elector  carry  an  official  ballot 
or  copy  thereof  beyond  the  voting  booth,  or  away  from  said  booth,  except 
to  the  judges  of  election,  or  vote  any  ballot  except  such  as  shall  be  re- 
ceived by  him  from  the  judge  of  election,  he  shall  be  deemed  guilty  of  a 
misdemeanor  and  punished  therefor  by  a  fine  of  one  hundred  dollars;  and 
it  shall  be  the  duty  of  the  judge  of  election  to  cause  by  verbal  order  or 
warrant  the  instant  arrest  of  any  person  making  such  attempt,  and  he 
shall  be  required  to  vote  or  surrender  said  ballot,  and,  upon  failure  so  to 
do,  he  may  be  confined  in  jail  by  order  of  the  judges  of  election  until  he 
obeys  said  requirements,  but  such  confinement  shall  not  exceed  ten  days. 
(1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  931.) 

Sec.  164.  Time  allowed  for  voting. — No  elector  shall  be  allowed  by 
the  judges  of  election  to  remain  in  the  voting  booth  more  than  two  and 
one-half  minutes,  to  the  obstruction  of  other  electors  desiring  to  vote. 
Said  judges  of  election  shall  cause  any  elector  attempting  to  occupy  said 
voting  both  for  a  longer  time  to  retire  and  surrender  his  ballot,  and  he 
shall  not  again  be  allowed  to  receive  an  official  ballot  unless  in  the  dis- 
cretion of  the  judges  of  election  another  opportunity  to  vote  will  not  delay 
or  hinder  other  electors.  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  931.) 

Sec.  165.  Defaced  ballots. — Should  any  ballot  be  unintentionally  or 
accidentally  defaced,  or  in  any  way  rendered  unfit  for  voting  by  such 
elector,  he  shall  deliver  such  defaced  ballot  to  the  judges  of  election  and 
receive  another  upon  taking  an  oath  that  the  defacement  of  the  ballot 
first  delivered  to  him  was  not  done  for  the  purpose  of  defacing  said  official 
ballot.  Any  person  swearing  falsely  to  such  fact  shall  be  deemed  guilty 
of  perjury,  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  931.) 

Sec.  166.  Judges  to  assist  certain  voters. — Any  person  registered 
prior  to  the  first  of  January,  nineteen  hundred  and  four,  shall,  if  requested, 
be  assisted  in  the  preparation  of  his  ballot  by  one  of  the  officers  of  election 
designated  by  himself.  The  judges,  or  a  majority  of  them,  shall  designate 
one  of  their  number,  whose  duty  it  shall  be,  at  the  request  of  any  elector 
registered  after  the  first  day  of  January,  nineteen  hundred  and  four,  who 
may  be  physically  unable  to  prepare  his  ballot,  to  enter  the  booth  with  said 
elector  and  render  him  assistance  in  preparing  his  ballot  by  striking  out 
such  names  as  he  shall  designate.  In  case  said  elector  be  blind,  said  judge 
of  election  so  appointed  and  designated  shall  prepare  said  ballot  for  said 


Virginia  Election  Laws  37 

elector  in  accordance  with  his  instructions,  but  the  said  judge  shall  not 
enter  the  booth  with  the  voter  unless  requested  by  him,  and  shall  not  in 
any  manner  divulge  or  indicate,  by  signs  or  otherwise,  the  name  or  names 
of  the  person  or  persons  for  whom  any  elector  shall  vote.  The  said  judges, 
or  a  majority  of  them,  shall  have  power,  from  time  to  time,  when  and  as 
often  as  they  may  see  proper,  to  change  the  appointment  and  designation 
of  the  judge  who  shall  discharge  the  duty  of  assisting  voters  who  are  physi- 
cally disabled  or  blind,  as  above  provided,  and  designate  another  judge  in 
his  place  and  stead  to  perform  the  same;  and  for  a  corrupt  violation  of  any 
of  the  provisions  of  this  section,  the  person  so  violating  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  confined  in  jail  not  less  than  one  nor  more 
than  twelve  months.  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  931.) 

Sec.  167.  Crowds  forbidden;  counterfeit  ballots. — It  shall  not  be  law- 
ful, upon  the  day  of  election,  for  persons  to  congregate  and  crowd  upon 
the  public  highway  within  one  hundred  feet  of  any  of  the  voting  places, 
and  any  person  violating  the  provisions  of  this  section  shall,  upon  convic- 
tion thereof,  pay  a  fine  of  twenty-five  dollars  or  be  confined  in  jail  not 
exceeding  ten  days.  Any  member  of  the  electoral  board,  the  printer  who 
shall  print  the  official  ballots  provided  for  by  this  chapter,  any  judge  of 
election,  or  any  person  who  shall  sell  or  give  to  any  person  whomsoever 
except  where  it  is  distinctly  provided  by  this  chapter,  any  official  ballot  or 
copy,  or  any  fac-simile  of  the  same,  or  any  information  about  the  same,  or 
shall  counterfeit,  or  attempt  to  counterfeit,  the  same,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  five 
hundred  dollars  and  imprisoned  in  jail  six  months.  It  shall  be  the  duty  of 
the  judges  of  election  to  see  that  the  provisions  of  this  section  are  strictly 
carried  out.  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  932.) 

Sec.  168.  Elections  in  towns. — The  provisions  of  this  chapter  shall 
apply  to  all  elections  held  in  this  State  except  as  is  otherwise  provided;  and 
where  the  election  is  held  in  an  incorporated  town  for  town  officers  it  shall 
be  the  duty  of  all  persons  who  intend  to  be  candidates  for  office  in  said 
town  to  give  notice  of  said  candidacy  to  the  county  clerk  of  the  county  in 
which  said  town  is,  as  provided  by  section  one  hundred  and  fifty-four,  and 
said  clerk  shall  notify  the  electoral  board,  and  the  tickets  shall  be  printed 
and  delivered  and  the  election  held  and  conducted  in  the  manner  provided 
by  this  chapter,  and  where  the  election  is  to  be  held  to  ascertain  the  sense 
of  the  qualified  voters  of  this  State,  or  of  any  county,  city,  town,  or  dis- 
trict of  any  county,  upon  any  question  submitted  to  them  by  law,  it  shall 
be  the  duty  of  the  electoral  board  of  the  county  or  city,  or  of  the  county 
in  which  said  town  or  district  is,  as  the  case  may  be,  to  have  the  words 
printed  upon  the  tickets  directed  by  the  law  submitting  said  question;  but 
in  all  other  respects  said  elections  shall  conform  to  the  provisions  of  this 
chapter.  (1899-00,  p.  969;  1902-3-4,  pp.  14,  468,  982.) 

Sec.  169.  Penalty  for  violations. — Any  violation  of  the  provisions 
of  this  chapter,  for  which  no  punishment  has  been  otherwise  provided, 
shall  be  deemed  a  misdemeanor,  and  punished  by  a  fine  not  exceeding  one 
hundred  dollars  and  imprisonment  in  jail  not  exceeding  one  month.  (1899- 
00,  p.  969;  1902-3-4,  pp.  14,  468,  932.) 

Sec.  170.  Cost  of  elections. — The  cost  of  conducting  elections  under 
this  chapter  shall  be  paid  by  the  counties  and  cities,  respectively.  (1899- 
00,  p.  969;  1902-3-4,  pp.  14,  468,  933.) 

Sec.  171.  Ballot  boxes. — The  board  of  supervisors  of  each  county 
and  the  council  of  each  city  shall,  at  the  expense  of  their  respective  coun- 
ties or  cities,  procure  a  ballot  box  for  each  place  of  voting  in  any  election 
district  destitute  of  the  same,  which  box  shall  be  provided  with  a  lock  and 
key  and  have  an  opening  through  the  lid  of  sufficient  size  to  admit  a 
single  folded  ballot  and  no  more.  The  said  boxes  shall  be  kept  by  the 
judges  of  election  for  the  use  of  their  several  elections  districts.  (Code 
1887,  §  123;  1902-3-4,  p.  933.) 


38  Virginia  Election  Laws 

Sec.  172.  How  emptied  before  election. — The  judges  of  election,  or 
one  of  them,  immediately  before  proclamation  is  made  of  the  opening  of 
the  polls,  shall  open  the  ballot  boxes  in  the  presence  of  the  people  there 
assembled,  and  turn  them  upside  down,  so  as  to  empty  them  of  everything 
that  is  in  them,  and  then  lock  them,  and  the  key  thereof  shall  be  delivered 
to  one  of  the  said  judges,  and  one  of  the  judges  shall  forthwith  proclaim 
that  the  polls  are  open.  Said  boxes  shall  not  be  opened  until  the  close 
of  the  polls  and  for  the  purposes  of  counting  the  ballots  therein.  (Code 
1887,  §  124;  1902-3-4,  p.  933.) 

Sec.  173.  Where  ballot  box  kept;  how  ballots  received  and  names  of 
voters  entered  on  poll  books. — The  ballot  box  shall  be  kept  in  public  view 
during  all  elections.  The  judge  to  whom  any  ballot  is  delivered  shall, 
upon  the  receipt  thereof,  pronounce  in  an  audible  voice  the  name  of  the 
person  from  whom  the  ballot  is  received,  and  if  his  name  is  found  on  the 
registration  book,  and  there  be  no  objection  made,  the  said  judge  shall, 
without  opening  the  said  ballot  or  permitting  it  to  be  examined  (except  as 
provided  by  section  one  hundred  and  sixty-two),  deposit  the  same  in  the 
ballot  box,  whereupon  the  name  of  the  elector  shall  be  checked  on  the 
registration  book  by  one  of  the  judges  and  entered  by  the  clerks  of  elec- 
tion on  the  poll  books  and  correctly  numbered;  but  where  a  registered 
voter  has  changed  his  place  of  residence  from  one  election  district  to  an- 
other in  the  same  county,  and  has  resided  for  thirty  days  in  the  election 
district  in  which  he  offers  to  vote,  if  he  has  a  certificate  showing  that  he 
was  duly  registered  in  his  former  election  district  in  said  county,  and  that 
his  name  has  since  his  removal  been  erased  from  the  registration  books  of 
said  election  district,  it  shall  be  sufficient  evidence  to  -entitle  him  to  vote  in 
the  district  in  which  he  resides,  and  his  name  shall  be  registered  in  the 
registration  book  by  the  registrar,  if  he  be  present,  or  by  one  of  the 
judges  of  election  if  he  be  not  present.  No  person,  however,  who  removes 
from  one  city  or  county  to  another  city  or  county  in  this  State,  or  who 
offers  to  vote  in  a  city  or  town  having  twenty-five  hundred  inhabitants  or 
more,  shall  be  allowed  to  vote  at  any  election  therein  without  having  first 
registered  upon  his  transfer  at  the  time  and  in  the  modes  prescribed  in 
sections  ninety-eight  and  one  hundred  of  this  Code.  (Code  1887,  §  125; 
1889-90,  p.  191;  1902-3-4,  pp.  12,  933.) 

Sec.  174.  Challenges. — Any  elector  may,  and  it  shall  be  the  duty 
of  the  judges  of  election  to,  challenge  the  vote  of  any  person  who  may  be 
known  or  suspected  not  to  be  a  duly  qualified  voter.  (Code  1887,  §  126; 
1902-3-4,  p.  934.) 

Sec.  175.  How  challenge  tried. — When  any  person  is  so  challenged 
the  judges  shall  explain  to  him  the  qualifications  of  an  elector,  and  may 
examine  him  as  to  the  same ;  and  if  the  person  insists  £hat  he  is  qualified, 
and  the  challenge  is  not  withdrawn,  one  of  the  judges  shall  tender  to  him 
the  following  oath:  "You  do  solemnly  swear  (or  affirm)  that  you  are  a 
citizen  of  the  United  States,  that  you  are  twenty-one  years  old,  that  you 
have  resided  in  this  State  for  two  years,  in  this  county,  city,  or  town  for 
one  year,  and  in  this  district  thirty  days  next  preceding  this  election;  and 
that  you  are,  according  to  the  best  of  your  knowledge,  information  and  be- 
lief, not  disqualified  from  voting  by  the  Constitution  or  laws  of  this  State; 
that  your  name  is  (here  insert  the  name  given)  •  that  in  such  name  you 
were  duly  registered  as  a  voter  of  this  election  district;  that  you  are  now 
an  actual  resident  of  the  same;  that  you  are  the  identical  person  you  rep- 
resent yourself  to  be;  and  that  you  have  not  voted  in  this  election  at  this 
or  any  voting  place.  So  help  you  God."  If  he  refuse  to  take  such  oath  his 
vote  shall  be  rejected;  if,  however,  he  does  take  it,  his  vote  shall  be  re- 
ceived, unless  the  judges  be  satisfied,  from  record  or  other  legal  evidence 
adduced  before  them,  or  from  their  own  knowledge  that  he  is  not  a  quali- 
fied voter,  in  which  case  they  may  refuse  to  permit  such  person  to  vote. 
And  they  are  hereby  authorized  to  administer  the  necessary  oaths  or  af- 


Virginia  Election  Laws  39 

firmations  to  all  witnesses  brought  before  them  to  testify  as  to  the  qualifi- 
cations of  any  persons  offering  to  vote.  When  the  vote  of  any  person 
shall  be  received,  after  having  taken  the  oath  prescribed  in  this  section, 
it  shall  be  the  duty  of  the  clerks  of  election  to  write  on  the  poll  books  at 
the  end  of  the  name  of  such  person,  the  word  "sworn."  (Code  1887,  § 
127;  1902-3-4,  p.  934.) 

Sec.  176.  How  polls  closed;  when  votes  canvassed  and  result  de- 
clared.— As  soon  as  the  polls  are  finally  closed  (of  which  closing  proclama- 
tion shall  be  made  by  the  judges  fifteen  minutes  previously  thereto)  the 
judges  shall  immediately  proceed  to  canvass  the  vote  given  at  such  elec- 
tion, and  the  said  canvass  shall  be  continued  without  adjournment  until 
completed  and  the  result  thereof  declared.  (Code  1887,  §  128;  1902-3-4, 
p.  934.) 

Sec.  177.  How  votes  canvassed. — The  canvass  shall  commence  by 
taking  out  of  the  box  the  ballots  unopened — not  in  secret,  but  in  the  pres- 
ence of  at  least  two  representatives  from  each  political  party  represented 
in  the  election,  if  such  representatives  request  the  judges  of  election  to 
allow  them  to  be  present  when  the  ballots  are  taken  from  the  box,  and  said 
representatives  shall  be  entitled  to  be  present  and  witness  the  count  of  the 
ballots  and  the  making  up  of  the  returns  as  hereinafter  provided  in  this 
and  the  following  section.  In  case  the  said  representatives,  or  any  of 
them,  do  not  request  to  be  present,  the  judges  shall  notify  the  bystanders 
and  select  from  them  as  many  to  come  in  as  with  the  representatives  of  the 
political  parties  present  shall  make  the  number  of  four,  and  in  their  pres- 
ence shall  open  the  ballot  boxes  and  canvass  and  count  the  votes;  and  the 
judges  of  election  shall  at  once  proceed  to  examine  and  count  the  ballots 
to  ascertain  'if  any  double  ballots  have  been  cast,  and  whether  the  num- 
ber of  ballots  corresponds  with  the  number  of  names  on  the  poll  books; 
and  if  two  or  more  separate  ballots  are  found  so  folded  together  as  to 
represent  the  appearance  of  a  single  ballot  they  shall  be  laid  aside  until 
the  count  of  the  ballots  is  completed,  if,  upon  a  comparison  of  the  said 
count,  and  the  number  of  names  of  electors  on  the  poll  books,  it  appears 
that  the  two  or  more  ballots  thus  folded  together  were  cast  by  the  same 
elector,  they  shall  be  destroyed.  If  the  ballots  in  the  box  are  found  to 
exceed  the  number  of  names  on  the  poll  books,  all  ballots  shall  be  replaced 
in  the  ballot  box,  and  after  the  same  shall  be  well  shaken,  one  of  the  judges 
of  election,  being  blindfolded,  shall  draw  therefrom  a  sufficient  number  of 
ballots  to  reduce  the  same  to  a  number  equal  to  the  number  of  names  of 
electors  on  the  poll  books.  The  number  of  ballots  being  thus  made  to 
agree  with  the  number  of  names  on  the  poll  books,  the  books  shall  be 
signed  by  the  judges  and  attested  by  the  clerks;  and  the  number  of  names 
thereon  shall  be  set  down  in  words  and  figures  at  the  foot  of  the  list  of 
electors  on  the  poll  books  and  over  the  signatures  of  the  judges  and  attes- 
tations of  the  clerks  in  the  manner  and  form  prescribed  by  section  one 
hundred  and  fifty-one.  Whenever  the  number  of  ballots  is  reduced  by  de- 
struction of  fraudulent  ballots  below  the  number  of  names  of  electors  on 
the  poll  books  the  cause  of  such  reduction  shall  be  stated  at  the  foot  of  the 
list  of  electors  on  the  poll  books  before  the  same  are  signed  and  attested  by 
the  judges  and  clerks,  respectively.  (Code  1887,  §  129;  1902-3-4,  pp. 
12,  934.) 

Sec.  178.  How  votes  counted  and  returns  made. — After  the  poll 
books  are  thus  signed  and  attested,  the  judges  shall,  in  the  presence  of 
such  persons  as  shall  be  present  under  the  preceding  section,  proceed  to 
count  and  ascertain  the  number  of  votes  cast  for  each  person  voted  for; 
and  the  tickets  or  ballots  shall  be  distinctly  read,  and  as  soon  as  read  and 
canvassed  shall  be  strung  by  one  of  the  judges  on  a  string,  and  the  clerk 
shall  set  down  on  the  poll  books,  next  after  the  certificate  of  the  judges  at 
the  foot  of  the  list  of  electors  as  the  returns  of  the  election,  the  name  of 
every  person  voted  for,  written  in  full  length,  the  office  i?pr  which  such 
person  received  such  votes,  and  the  number  of  votes  he  received,  the  num- 
ber being  expressed  in  figures  and  also  at  full  length  in  writing,  in'  ac- 
cordance with  the  form  prescribed  in  said  section  one  hundred  and  fifty- 


40  Virginia  Election  Laws 

one,  which  said  returns,  when  so  made  out,  shall  be  signed  and  attested  as 
provided  in  said  section,  but  no  person  other  than  the  judges  of  the  elec- 
tion shall  handle  the  ballots.  (Code  1887,  §  130;  1902-3-4,  p.  935.) 

Sec.  179.  When  ballot  void. — If  a  ballot  is  found  to  contain  a 
greater  number  of  names  for  any  one  office  than  the  number  of  persons 
required  to  fill  the  said  office,  or  if  the  title  of  the  office  is  erased,  the 
said  ballot  shall  be  considered  void  as  to  all  the  names  designated  to  fill 
such  office,  but  no  further;  but  no  ballot  shall  be  void  for  containing  a 
less  number  of  names  than  is  authorized  to  be  inserted  therein.  (Code 
1887,  §  131;  1902-3-4,  p.  935.) 

Sec.  180.  Poll  books  and  ballots  to  be  sealed;  when  and  by  whom 
delivered  to  clerk;  where  kept;  if  returns  not  made,  how  obtained. — After 
canvassing  the  votes  in  the  manner  aforesaid,  the  judges,  before  they  ad- 
journ, shall  put  under  cover  the  poll  books,  seal  the  same,  and  direct  them 
to  the  county  clerk  of  the  county  or  clerk  of  the  corporation  court  of  the 
city(  as  the  case  may  be)  in  which  the  election  is  held;  and  the  poll  books 
thus  sealed  and  directed  (together  with  the  ballots  strung  as  aforesaid  en- 
closed and  sealed)  shall  be  conveyed  by  one  of  the  judges,  to  be  deter- 
mined by  lot,  if  they  cannot  otherwise  agree,  to  the  clerk  to  whom  they  are 
directed  on  the  day  following  the  election,  there  to  remain  for  the  use  of 
the  persons  who  may  be4lawfully  entitled  to  inspect  the  same.  The  clerk  to 
whom  the  ballots  are  Delivered  as  aforesaid,  shall,  without  breaking  the 
seal,  deposit  them  in  his  office,  where  they  shall  be  safely  kept  for  twelve 
months;  and  he  shall  not  allow  the  same  to  be  inspected  unless  in  cases  of 
contested  elections  or  unless  they  became  necessary  to  be  used  in  evi- 
dence, and  then  only  on  the  order  of  the  proper  court  or  officer.  If 
from  any  cause  the  judges  of  election  shall  fail  to  make  return,  as  pro- 
vided by  this  section,  within  the  time  limited  by  section  one  hundred  and 
eighty-two  for  the  commissioners  to  meet  and  open  the  returns,  it  shall  be 
the  duty  of  the  clerk  to  whose  office  such  returns  ought  to  have  been  made 
to  dispatch  a  special  messenger  to  obtain  such  returns,  who  shall  be  subject 
to  the  same  penalties  and  entitled  to  the  same  compensation  as  a  judge  of 
election  for  such  service.  (Code  1887,  §  132;  1902-3-4,  p.  936.) 

Se~.  181.  Destruction  of  certain  poll  books  and  ballots  in  clerks'  of- 
fices.— Whenever  the  poll  books  and  ballots  required  by  law  to  be  returned 
to  the  clerks'  offices  in  this  State  shall  have  remained  in  said  offices  for  as 
much  as  three  years,  it  shall  be  lawful  for  the  clerks  of  said  offices  to 
destroy  these  books  and  ballots  upon  an  order  of  their  respective  courts 
to  this  effect.  (1897-8,  p.  845.) 

Sec.  182.  How  commissioners  of  election  appointed;  when  to  meet 
and  open  returns;  how  vacancies  supplied. — The  electoral  board  of  each 
county  and  city  shall,  at  the  time  they  appoint  judges  and  clerks  of  elec- 
tion, designate  five  of  the  judges  so  appointed  to  act  as  commissioners, 
who,  or  any  three  of  whom  shall  constitute  a  board,  of  which  the  county 
clerk  or  the  clerk  of  the  corporation  court,  as  the  case  may  be,  shall,  ex- 
officio,  be  clerk,  whose  duty  it  shall  be  to  meet  at  the  clerk's  office  of  the 
county  or  city  for  which  they  are  appointed,  on  the  second  iay  (Sunday 
excepted)  after  any  election  held  therein,  and  proceed  to  open  the  several 
returns  which  shall  have  been  made  at  that  office;  and  the  said  commis- 
sioners shall  ascertain  from  the  returns  the  persons  who  have  received  the 
greatest  number  of  votes  in  the  county  or  city  for  the  several  offices  to  be 
filled  at  said  election.  The  result  as  so  ascertained  shall  be  reduced  to 
writing  and  signed  by  a  majority  of  the  commissioners  present  and  consti- 
tuting such  board,  and  attested  by  the  clerk,  and  shall  be  annexed  to  the 
abstract  of  votes  cast  at  such  election,  as  provided  for  in  section  one 
hundred  and  eighty-five.  If  from  any  cause  the  number  of  commissioners 
in  attendance  at  the  time  and  place  for  opening  returns  be  less  than  three, 
the  commissioner  or  commissioners  in  attendance  shall  select  from  the 


Virginia  Election  Laws 41 

voters  of  the  county  or  city,  as  the  case  may  be,  one  or  more  persons  haY- 
ing  the  qualification  of  judges  of  election,  who  shall  act  as  commissioner 
or  commissioners.  Should  all  the  commissioners  appointed  for  any  county 
or  city  fail  to  attend  at  the  time  and  place  for  opening  returns,  it  shall  be 
lawful  for  any  justice  of  the  county,  or  the  mayor,  if  the  failure  occur  in 
any  city  or  town,  to  appoint  from  among  the  voters  of  the  county  or  city, 
as 'the  case  may  be,  three  persons  having  the  qualifications  of  judges  of 
elections,  who  shall  act  as  commissioners.  The  electoral  board  of  the  sev- 
eral counties  and  cities  shall  have  power  to  fill  vacancies  in  such  appomt-- 
ments  in  their  respective  cities  and  counties  whenever  necessary  to  do  stf. 
Any  person  appointed  under  this  section  to  fill  a  vacancy  in  the  board  of 
commissioners  shall,  before  entering  upon  the  discharge  of  his  duties  as 
commissioner,  take  an  oath  before  some  one  authorized  ^to  administer 
oaths,  to  faithfully  discharge  his  duties  as  commissioner;*  and  when  so 
sworn  shall  have  all  the  power  and  authority  and  be  subject  to  all  the 
penalties  of  a  judge  of  election  appointed  for  that  purpose  by  the  said 
electoral  board.  The  fact  of  the  appointment  being  made,  and  the  oath 
taken,  shall  be  noted  by  the  clerk  at  the  foot  of  the  abstract  of  votes  pro- 
vided for  in  section  one  hundred  and  eighty-five.  (Code  1887,  §  133; 
1902-3-4,  p.  936.) 

Sec.  183.  How  irregularities  in  returns  corrected. — If  it  shall  appear 
to  any  board  of  election  commissioners,  in  determining  the  persons  who 
have  received  the  greatest  number  of  votes  for  the  several  offices  voted 
for  in  such  election,  that  irregularities  or  informalities  occur  in  the  returns 
of  the  judges  or  clerks  of  election,  which  can  be  cured  by  amending  or  cor- 
recting the  same,  it  shall  be  the  duty  of  said  board  of  commissioners  imme- 
diately to  summon  the  said  judges  and  clerks,  or  such  of  them  as  may  be 
requisite,  to  appear  before  said  board,  on  some  day  not  exceeding  five  days 
from  the  date  of  the  summons,  for  the  purpose  of  amending  such  returns 
so  that  the  same  may  conform  to  the  law.  The  summons  may  be  executed 
by  any  sheriff,  sergeant,  constable,  or  qualified  voter,  who  shall  receive 
for  such  service  fifty  cents  for  each  person  summoned,  to  be  paid  by  the 
county  or  city  in  which  such  election  was  held.  (Code  1887,  §  134;  1902- 
3-4,  p.  937.) 

Sec.  184.  Who  to  receive  certificates  of  election;  how  tie  determined. 
— In  all  elections  for  the  choice  of  any  officer,  unless  it  is  otherwise  ex- 
pressly provided,  the  person  having  the  highest  number  of  votes  for  any 
office  shall  be  deemed  to  have  been  elected  to  such  office  and  shall  receive 
the  certificate  of  election;  but  if  two  or  more  persons  have  an  equal  num- 
ber of  votes  for  any  county,  city,  town,  or  district  office,  and  a  higher 
number  than  any  other  person,  the  commissioners  aforesaid  shall  proceed 
publicly  to  determine  by  lot  which  of  the  candidates  shall  be  declared 
elected.  (Code  1887,  §  135;  1902-3-4,  T>.  937.) 

Sec.  185.  Abstracts  of  votes  to  be  made  out  and  certified;  to  whom 
forwarded. — So  soon  as  the  commissioners  aforesaid  shall  determine  the 
persons  who  have  received  the  highest  number  of  votes  for  any  office,  the 
clerk  shall  make  out  abstracts  of  the  votes  in  the  following  manner:  First, 
for  Governor  and  Lieutenant-Governor  on  one  sheet:  second,  for  Attorney- 
General  on  one  sheet;  third,  for  Secretary  of  the  Commonwealth  on  one 
sheet:  fourth,  for  State  Treasurer  on  one  sheet;  fifth,  for  Superintendent 
of  Public  Instruction  on  one  sheet;  sixth,  for  Commissioner  of  Agriculture 
and  Immigration  on  one  sheet;  seventh,-  for  member  or  members  of  the 
Senate  and  House  of  Delegates  on  one  sheet;  eighth,  for  a  representative 
in  Congress  on  one  sheet;  ninth,  for  electors  of  President  and  Vice-Presi- 
dent  of  the  United  States  on  one  sheet;  tenth,  for  county  officers  on  one 
sheet;  eleventh,  for  district  officers  on  one  sheet;  twelfth,  for  corporation 
officers  on  one  sheet,  which  abstracts,  being  certified  and  signed  bv  said 
commissioners  and  attested  by  the  clerk,  shall  be  deposited  in  the  office  of 
the  latter,  and  certified  copies  thereof,  numbered  one,  two,  three,  four, 
five,  six,  seven,  eight,  nine,  ten,  eleven,  and  twelve  (when  said  officers  have 
been  voted  for  at  said  elections),  under  the  official  seal  of  said  clerk,  shall 
be  placed  in  separate  envelopes,  endorsed,  and  directed  to  the  Secretary 


42  Virginia  Election  Laws 

of  the  Commonwealth,  and  forwarded  immediately  to  the  seat  of  govern- 
ment by  mail;  and  the  said  clerk  shall  endorse  on  the  back  of  each  en- 
velope in  which  the  said  certified  copies  are  enclosed:  "Copy  of  the  ab- 
stracts of  votes  cast  for  Governor,  and  so  forth  (as  the  case  may  be),  cast 

at  the  general  election  in  county  (or  city),  in  ,  nineteen 

•hundred  and  —  — ."  Any  clerk  wilfull^  violating  any  of  the  provisions  of 
this  section,  except  those  relating  to  a  representative  in  Congress  and  to 
electors  for  President  and  Vice-President  of  the  United  States,  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  nor  more  than  one  thou- 
sand dollars,  and  by  confinement  in  jail  for  a  period  of  not  less  than  thirty 
days  nor  .more  than  six  months.  (Code  1887,  §  136;  1889-90,  p.  8;  1902- 
3-4,  p.  937.) 

Sec.  186.»When  a  clerk  to  make  out  and  deliver  certificate  of  elec- 
tion.— The  clerk  shall  immediately  make  out,  in  pursuance  of  the  deter- 
mination of  the  commissioners,  a  certificate  of  election  for  each  of  the 
persons  having  the  highest  number  of  votes  for  any  county,  city,  town,  or 
district  office,  or,  in  case  of  a  tie,  who  have  been  decided  by  lot  to  be 
elected,  and  deliver  the  same  to  the  person  elected  upon  his  making  appli- 
cation therefor.  Any  clerk  wilfully  violating  the  provisions  of  this  sec- 
tion shall  be  punished  by  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  and  by  confinement  in  jail  for  a  period  of  not 
less  than  thirty  days  nor  more  than  six  months.  (Code  1887,  §  137; 
1889-90,  p.  8;  1902-3-4,  p.  937.) 

Sec.  187.  When  clerk  absent,  who  to  perform  his  duties. — When  a 
clerk  shall  die,  be  absent,  or  from  any  other  cause  be  prevented  from 
discharging  any  of  the  duties  required  of  him  under  this  chapter,  it  shall 
be  lawful  for  his  deputy,  or  such  other  person  as  may  then  be  acting  as 
clerk,  to  discharge  such  duties.  (Code  1887,  §  138;  1902-3-4,  p.  938.) 

Sec.  188.  Board  of  State  Canvassers. — The  Governor,  Secretary  of 
the  Commonwealth,  Auditor  of  Public  Accounts,  State  Treasurer,  Attor- 
ney-General, or  any  three  of  them,  shall  constitute  the  Board  of  State 
Canvassers.  (Code  1887,  §  139;  1902-3-4,  p.  938.) 

Sec.  189.  Secretary  of  Commonwealth  to  open  and  record  returns. — 
The  Secretary  of  the  Commonwealth,  upon  receipt  of  the  certified  ab- 
stracts of  the  votes  given  in  the  several  counties  and  cities  directed  to  be 
sent  to  him,  shall  proceed  to  open  the  same  (except  the  abstract  of  votes 
for  Governor  and  Lieutenant-Governor,  the  Attorney-General,  Secretary 
of  the  Commonwealth,  and  State  Treasurer),  and  shall  record  them  in  a 
suitable  book  to  be  kept  by  him  for  the  purpose,  and  file  and  carefully 
preserve  in  his  office  said  abstracts  and  the  original  envelopes  in  which 
they  were  enclosed.  (Code  1887,  §  140;  1902-3-4,  p.  938.) 

Sec.  190.  If  abstracts  not  forwarded,  messenger  to  be  sent  for  them. — 

If  from  any  county  or  city  no  such  abstract  of  votes  shall  have  been  re- 
ceived by  the  Secretary  of  the  Commonwealth  within  twelve  days  next 
after  any  election,  he  shall  dispatch  a  special  messenger  to  obtain  a  copy 
of  the  same  from  the  proper  clerk;  and  such  clerk  shall  immediately,  on 
demand  of  such  messenger,  make  out  and  deliver  to  him  the  copy  required, 
which  copy  of  the  abstracts  of  votes  the  messenger  shall  deliver  to  the 
Secretary  of  the  Commonwealth  without  delay,  to  be  recorded  by  him  as 
aforesaid.  (Code  1887,  §  141;  1902-3-4,  p.  938.) 

Sec.  191.  How  election  returns  canvassed  by  State  board  and  certifi- 
cates of  election  given. — For  the  purpose  of  canvassing  the  result  of  elec- 
tions, the  Board  of  State  Canvassers  shall  meet  at  the  office  of  the  Secre- 
tary of  the  Commonwealth  on  the  fourth  Monday  in  November  next  after 
the  election,  when  they  shall,  upon  the  certified  abstracts  on  file  in  the  of- 
fice of  the  Secretary  of  the  Commonwealth,  proceed  to  examine  and  make 
statements  of  the  whole  number  of  votes  given  at  any  such  election  for 
Superintendent  of  Public  Instruction,  Commissioner  of  Agriculture  and 
Immigration,  members  of  the  Senate  and  House  of  Delegates,  Senators  and 
Representatives  in  Congress,  and  electors  of  President  and  Vice-President 
of  the  United  States,  or  for  so  many  of  said  officers  as  have  been  voted  for 


Virginia  Election  Laws  43 

at  such  election,  which  statement  shall  show  the  names  of  persons  for 
whom  such  votes  have  been  given  for  either  of  the  said  offices  and  the 
whole  number  given  to  each,  distinguishing  the  several  districts,  cities, 
and  counties  in  which  they  were  given;  they  shall  certify  such  statements 
to  be  correct  and  subscribe  their  names  thereto,  and  they  shall  thereupon 
determine  what  persons  have  been  by  the  greatest  number  of  votes  duly 
elected  to  such  offices,  or  either  of  them,  and  shall  endorse  and  subscribe 
on  such  statements  a  certificate  of  such  determination  and  deliver  them 
to  the  Secretary  of  the  Commonwealth.  The  Secretary  of  the  Common- 
wealth shall  record  in  a  suitable  book  to  be  kept  by  him  in  his  office  for 
that  purpose  each  certified  statement  and  determination  as  made  by  the 
Board  of  State  Canvassers,  and  shall  without  delay  make  out  and  transmit 
to  each  of  the  persons  thereby  declared  to  be  elected  (except  the  Attorney- 
General,  who  shall  be  commissioned  by  the  Governor)  a  certificate  of  his 
election,  certified  by  him  under  his  seal  of  office.  In  the  election  of  a 
Senator  he  shall  also  forward  to  the  Clerk  of  the  Senate  a  certificate  of 
the  election  of  such  Senator;  and  in  the  case  of  election  of  a  member  of 
the  House  of  Delegates  he  shall  forward  to  the  Clerk  of  the  House  of 
Delegates  a  certificate  of  the  election  of  such  member.  And  upon  the 
first  day  of  the  session  of  the  General  Assembly  he  shall  lay  before  each 
house  a  list  of  the  members  elected  thereto,  with  the  districts  they  repre- 
sent. In  cases  of  special  elections  to  fill  vacancies  held  at  any  other  time 
than  that  fixed  for  general  elections,  the  Board  of  State  Canvassers  shall 
meet  at  the  office  of  the  Secretary  of  the  Commonwealth  on  the  day  after 
the  returns  of  such  elections  are  received  for  the  purpose  of  canvassing 
the  result  of  such  special  elections  in  the  manner  hereinbefore  set  forth. 
But  if  said  abstracts,  or  any  of  them,  shall  not  be  received  within  twelve 
days  from  said  election,  the  board  shall  meet  and  adjourn  from  time  to 
time  until  the  abstracts  shall  be  received;  and  in  any  case  the  board  mav 
adjourn  from  time  to  time  until  their  labors  are  completed.  (Code  1887, 
§  14?;  1902-3-4,  p.  939.) 

Sec.    192.      How  election  determined  in  case  of  a  tie. — If  any  two  or 

more  persons  have  an  equal  number  of  votes  and  a  higher  number  than  any 
other  person  for  Superintendent  of  Public  Instruction,  Commissioner  of 
Agriculture  and  Immigration,  member  of  the  Senate  or  House  of  Dele- 
gates, member  of  Congress,  or  elector  of  President  and  Vice-President  of 
the  United  States,  the  State  canvassers  shall  proceed  publicly  to  determine 
by  lot  which  of  them  shall  be  declared  elected.  Reasonable  notice  shall 
be  given  to  such  candidates  of  the  time  when  such  election  shall  be  so 
determined;  and  if  they,  or  either  of  them,  shall  fail  to  appear  in  accord- 
ance with  said  notice,  the  State  canvassers  shall  proceed  so  to  determine 
said  election  in  their  absence.  (Code  1887,  §  143;  1902-3-4,  p.  939.) 

Sec.  193.  Preservation  of  order  at  elections. — Any  constable  of  a  dis- 
trict in_  which  an  election  is  held,  who  may  be  designated  for  the  purpose 
by  the  judges  of  election,  shall  attend  at  the  place  of  election  and  preserve 
order  at  and  about  the  same;  and  if  no  constable  be  in  attendance,  the 
judges  of  election  may,  by  writing,  appoint  one  or  more  persons  specially, 
who  shall  have  all  the  powers  of  a  constable  in  the  premises.  (Code  1887, 
§  144;  1902-3-4,  p.  940.) 

Sec.  194.  Intimidation,  etc.,  of  voters;  how  prevented;  punishment 
therefor. — The  judges  of  election,  if  it  shall  appear  that  the  voters  are 
being  intimidated  or  coerced  from  any  source  in  the  exercise  of  their  suf- 
frage by  bystanders  about  the  polling  place,  or  that  voters  are  being 
hindered  or  tampered  with  in  any  way  so  as  to  prevent  the  casting  of  a 
secret  ballot,  may  order  such  person  or  persons  so  engaged  in  intimidating, 
coercing,  hindering,  or  tampering  with  voters  to  cease  such  action,  and  if 
such  person  or  persons  so  engaged  do  not  forthwith  desist,  the  judges  of 
election,  or  a  majority  of  them,  may  order  the  arrest  of  such  persons  by 
a  constable  or  any  other  person  authorized  by  law  to  make  arrests,  and 
confine  him  or  them  in  the  county  or  city  jail,  as  the  case  may  be,  not 


44  Virginia  Election  Laws 

exceeding  twenty-four  hours,  and  such  person  or  persons,  upon  convic- 
tion thereof,  shall  be  punished  as  for  misdemeanor.  (1889-90,  p.  174; 
1902-3-4,  pp.  386,  940.) 

Sec.  195.  Intimidation,  etc.,  of  election  officers;  how  punished. — Any 
person  or  persons  who  shall,  by  bribery,  intimidation,  or  other  unlawful 
or  corrupt  means,  wilfully  hinder*  or  prevent,  or  attempt  to  so  hinder  or 
prevent,  the  election  officers  at  any  precinct  from  holding  an  election  at 
the  time  and  place  set  apart  and  designated  as  a  place  for  holding  such 
election,  shall  be  deemed  guilty  of  a  misdemeanor.  (1889-90,  p.  174; 
1902-3-4,  pp.  386,  940.) 

Sec.  196.  Disturbance  of  election;  how  prevented. — If  any  person  con- 
duct himself  in  a  noisy,  riotous,  or  tumultuous  manner  at  or  about  the 
polls,  so  as  to  disturb  the  election  or  insult  or  abuse  a  judge  or  a  clerk  of 
election,  the  constable,  or  any  other  person  authorized  to  make  arrests, 
may  forthwith  arrest  him  and  bring  him  before  the  judges  of  the  election, 
and  they,  by  warrant  under  their  hands,  may  commit  him  to  the  jail  of  the 
county  or  corporation  for  not  exceeding  twenty-four  hours;  but  they  shall 
permit  him  to  vote  if  he  be  so  entitled.  (Code  1887,  §  145;  1902-3-4, 
p.  940.) 

Sec.  197.  How  special  elections  superintended  and  determined. — All 
special  elections,  and  all  elections  to  fill  vacancies  in  office,  shall  be  super- 
intended and  held,  notice  thereof  given,  returns  made  and  certified,  votes 
canvassed,  results  ascertained  and  made  known,  and  commissioners  and 
certificates  of  election  given,  by  the  same  officers,  under  the  same  penal- 
ties, and  subject  to  the  same  regulations  as  prescribed  for  general  elec- 
tions, except  so  far  as  may  be  otherwise  provided,  and  except  also  that  in 
case  where  there  is  a  vacancy  in  the  office  of  any  officer  who  has  some  duty 
to  perform  in  such  election,  the  duties  of  such  officer  shall  be  performed 
by  such  other  officer  or  person  as  shall  be  appointed  for  that  purpose. 
(Code  1887,  §  146;  1902-3-4,  p.  940.) 

Sec.  198.  Pay  of  clerks  of  courts. — Clerks  of  courts  shall  receive  for 
their  services,  performed  under  any  law  relative  to  general  or  special  elec- 
tions, the  following  fees,  to-wit:  For  making  out  abstracts,  for  every  one 
hundred  words,  ten  cents;  for  each  certificate,  with  seal  attached  to  ab- 
stract, twenty-five  cents;  the  fees  for  such  abstracts  and  certificates  shall 
be  paid  out  of  the  county,  city,  or  town  treasury,  as  the  case  may  be;  for 
certificate  to  county  officer,  with  seal  attached,  fifty  cents,  which  fee,  as 
well  as  the  tax  on  said  seal,  shall  be  paid  by  the  person  receiving  the 
certificate.  (Code  1887,  §  147;  1902-3-4,  p.  941.) 

Sec.  199.  Pay  of  sheriffs  and  sergeants. — The  sheriffs  of  counties  and 
sergeants  of  corporations  shall  each  receive  for  their  services,  performed 
in  like  manner,  the  following  fees:  For  posting  each  notice  of  election, 
the  sum  of  fifty  cents,  which  fees  shall  be  paid  out  of  the  county  or  city, 
or  town  treasury.  (Code  1887,  §  148;  1902-3-4,  p.  941.) 

Sec.  200.  Pay  of  judges,  clerks,  registrars,  members  of  electoral 
board  and  commissioners. — The  judges,  clerks,  registrars,  members  of  elec- 
toral board,  and  commissioners  of  any  election  shall  receive  as  compen- 
sation for  their  services  the  sum  of  three  dollars  each  for  each  day's  serv- 
ice rendered,  and  the  judge  carrying  the  returns  and  tickets  to  and  from 
his  voting  place  and  to  the  county  clerk's  office  and  the  commissioners  of 
election  shall  receive  the  pay  and  mileage  now  allowed  to  jurors  for  each 
mile  necessarily  traveled,  to  be  paid  out  of  the  treasury  of  the  county, 
city  or  town  in  which  the  election  is  held.  (Code  1887,  §  149;  1893-94, 
p.  579;  1897-98,  pp.  193,  280;  1899-00,  p.  753;  1901,  p.  237;  1901-2,  p. 
541;  1902-3-4,  p.  941;  1920,  p.  387.) 

Sec.  201.  Pay  of  messenger. — The  special  messenger  sent  by  the  Sec- 
retary of  the  Commonwealth  to  any  county  or  corporation  for  a  copy  of 
the  abstract  of  votes  of  such  county  shall  receive  as  compensation  for  his 
services  the  sum  of  two  dollars  per  day  for  the  time  necessary  to  go  and 


Virginia  Election  Laws  45 

return  from  such  county  or  city,  and  five  cents  per  mile  for  each  mile 
traveled  in  going  to  and  returning  by  the  route  usually  traveled  from  the 
capital  to  such  city  or  to  the  county  seat  of  such  county,  to  be  paid  out  of 
the  public  treasury.  (Code  1887,  §  151;  1902-3-4,  p.  941.) 


CHAPTER   14. 
Absent    Voters. 


Sec.  Sec. 

202.  Absent   voter   may   vote.  210.  Ballots     to     be     furnished     by     electoral 

203.  Letter   of   application    for    ballot,   when  board. 

and  how  forwarded.  211.  Deposit  of   return   ballot   by   registrar. 

204.  When     voter     out     of     jurisdiction     of  212.  Names    of   applicants   for   ballots   to   be 

United  States  ;  how  ballot  to  be  sent ;  posted. 

when    in    army   or    navy.  213.  Box    containing   ballots   to   be   delivered 

205.  Duty    of    registrar    on    receipt    of    ap-  to   judge. 

plication.  214.  Opening    box    containing    ballots. 

206.  Form   of   voucher.  215.  Disposition     of    empty     envelopes. 

207.  Form   of   coupon.  216.  Fees    of    registrar. 

208.  Receipt,  voting  and  return  of  ballot.  217.  Penalties    prescribed. 

209.  Voting    by   elector    described    in    section  218.  Chapter  shall   be  liberally   construed   in 

two  hundred  and  four.  favor   of   absent   voter. 

Sec.  202.  Absent  voter  may  vote. — Any  voter,  only  when  required 
by  his  regular  business  or  habitual  duties  to  be  absent  from  the  city,  if 
in  a  city,  or  from  the  precinct,  if  in  a  county,  in  which  he  is  registered,  may 
vote;  provided,  (1916,  p.  633;  1922,  p.  875.) 

Sec.  203.      Letter  of  application  for  ballot,  when  and  how  forwarded. 

He  shall  make  application  in  writing  for  a  ballot  to  the  registrar  of  his 
precinct,  not  less  than  fifteen  nor  more  than  sixty  days  prior  to  the  pri- 
mary or  general  election  in  which  he  desires  to  vote,  if  he  be  within  the 
confines  of  the  United  States,  or  not  less  than  sixty  days  nor  more  than 
ninety  days,  if  he  be  in  the  Philippines,  Hawaii,  Porto  Rico,  the  Canal 
zone,  or  in  touch  with  an  American  consulate  in  territory  over  which  the 
United  States  has  no  jurisdiction.  The  application  may  be  handed  to  the 
registrar  in  person,  or  forwarded  to  him  by  mail,  and  shall  contain  neces- 
sary postage,  or  the  correct  amount  in  legal  tender,  necessary  for  register- 
ins:  the  ballot  to  him,  and  full  directions  for  mailing  the  same.  But  the 
failure  to  enclose  necessary  postage,  shall  not  render  void  a  vote  other- 
wise legally  cast.  (1916,  p.  633;  1920,  p.  268;  1922,  p.  875.) 

Sec.  204.  When  voter  out  of  jurisdiction  of  United  States;  how  bal- 
lot to  be  sent;  when  in  army  or  navy. — When  the  voter  is  not  within  the 
jurisdiction  of  the  United  States,  the  letter  containing  the  ballot  shall 
be  directed  in  care  of  the  nearest  American  consulate,  and  when  in  service 
of  the  army  or  navy,  of  his  commanding  officer.  (1916,  p.  633;  1922,  p. 
875.) 

Sec.  205.  Duty  of  registrar  on  receipt  of  application. — The  regis- 
trar, upon  receipt  of  the  application  for  ballot,  if  the  applicant  is  duly 
registered  in  that  precinct,  shall  enroll  the  name  and  address  of  the  ap- 
plicant on  a  list  to  be  kept  by  him  for  the  purpose,  and  forward  to  the 
applicant  by  registered  mail  the  following,  all  of  which  shall  be  furnished 
by  the  electoral  board: 


46  Virginia  Election  Laws 

(a)  An  envelope  containing  the  folded  ballot,  sealed  and  marked 
"Ballot  within.     Do  not  open  except  in  presence  of  postmaster"   (or  other 
person  mentioned  in  section  two  hundred  and  eight). 

(b)  An    envelope,    for    resealing    the    marked    ballot,    on    which    is 
printed  the  "voucher,"  form  of  which  is  hereinafter  provided. 

(c)  A  properly  addressed  envelope  for  the  return  of  said  ballot. 

(d)  A  printed  slip  giving  full  instructions  regarding  the  manner  of 
marking  of  the  ballot,  in  order  that  the  same  may  be  counted,  and  how 
prepared  and  returned. 

(e)  A  "coupon,"  the  form  of  which  is  hereinafter  given.      (Id.) 

Sec.  206.  Form  of  voucher. — The  "voucher"  called  for  in  section 
two  hundred  and  five,  and  printed  on  the  envelope  in  which  the  ballot 
is  to  be  sealed  up  after  the  same  has  been  marked,  shall  be  in  the  fol- 
lowing form: 

Voucher. 

This  is  to  certify  that  the  enclosed  ballot  was  received  by  me  as  per 

my  application  to   the   registrar   of precinct, 

county    (or  city),   Virginia.      The   envelope   marked   "ballot  within"   was 

opened  by  me  in  the  presence  of 

postmaster    (or    other    person    mentioned    in    section    two    hundred    and 

eight,  infra),  of ,  marked  while  in  his  presence  and  office 

without  assistance  or  knowledge  on  the  part  of  anyone  as  to  manner 
in  which  same  was  prepared,  and  then  and  there  sealed  as  provided 
by  law. 

(Signed) 

Tester , 

Postmaster, 
(or  other  person  designated  in  section  two  hundred  and  eight).      (Id.) 

Sec.  207.  Form  of  coupon. — The  "coupon"  called  for  in  section  two 
hundred  and  six  shall  be  in  the  following  form: 

Coupon. 

Name  (given  by  voter) ,  color ,  height , 

age  (given  by  voter) ,  color  of  hair ,  color  of  eyes 

,  weight  (estimated) ,  birthplace  given  by  voter) 

,  occupation  (given  by  voter) ,  State  and  precinct 

where  voter  claimed  to  have  last  voted 

To  the  best  of  my  knowledge,  the  above  information  is  correct  and 
the  applicant  has  complied  with  the  requirements  of  the  law  as  above 
provided.  I  have  no  knowledge  whatever  of  the  marking,  erasure,  or  in- 
tent of  the  ballot  enclosed. 

(Signed).... , 

Postmaster. 
(or  other  person  mentioned  in  section  two  hundred  and  eight).      (Id.) 

Sec.  208.  Receipt,  voting  and  return  of  ballot. — Upon  receipt  of 
the  registered  letter,  forwarded  by  the  registrar,  the  voter  shall  not  open 
the  sealed  envelope,  marked  "ballot  within,"  except  in  the  presence  of 
the  postmaster,  or  his  assistant,  postal  clerk,  or  rural  letter  carrier,  and 
shall  then  and  there  mark  and  refold  the  ballot  without  assistance  and 


Virginia  Election  Laws  47 

without  making  known  the  manner  of  marking  same.  He  shall  then  and 
there  place  the  ballot  in  the  envelope  provided  for  the  same,  seal  the 
same,  and  fill  in  and  sign  the  voucher  printed  on  the  back  of  the  envelope, 
in  the  presence  of  the  postmaster  or  other  person  hereinabove  provided, 
who  shall  witness  the  same  in  writing.  This  envelope,  together  with 
the  coupon,  which  must  be  filled  out  and  signed  by  the  postmaster,  or 
other  person  as  herein  provided,  shall  be  enclosed  within  the  envelope 
directed  to  the  registrar,  which  shall  then  and  there  be  sealed,  registered^ 
and  mailed  to  the  registrar.  (Id.) 

Sec.  209.  Voting  by  elector  described  in  section  two  hundred  and 
four. — An  elector,  receiving  his  ballot  under  the  provisions  cf  section 
two  hundred  and  four,  shall  conform  to  all  the  requirements  of  the  pre- 
ceding section,  except  that  the  consul,  or  his  assistant,  if  received  at 
a  consulate,  or  his  commanding  officer,  or  some  commissioned  officer 
designated  by  him,  if  in  the  army  or  navy,  shall  answer  in  all  respects 
for,  and  perform  all  the  duties  required  of  the  postmaster  or  his  as- 
sistant or  other  officer  mentioned  in  the  preceding;  section;  preserving, 
however,  all  the  secrecy  of^the  ballots  as  therein  provided,  and  the  same 
shall  be  registerd  and  mailed  by  the  first  mail  thereafter  leaving  said  con- 
sulate, command  or  vessel.  (Id.) 

Sec.  210.  Ballots  to  be  furnished  by  electoral  board.-— It  shall  be 
the  duty  of  the  electoral  board  of  each  county  and  city  to  furnish  the 
registrar  of  each  precinct  with  a  sufficient  number  of  official  ballots,  each 
properly  sealed  in  an  envelope  marked  "Ballot  within.  Do  not  open 
except  in  presence  of  postmaster"  (or  other  person  mentioned  in  section 
two  hundred  and  eight),  and  take  his  receipt  therefor.  And  it  shall  be 
the  duty  of  the  registrar  to  deliver  to  the  judges  of  election  on  election 
day  all  unused  ballots  in  their  original  sealed  envelopes  which  remain 
in  his  possession,  to  be  by  them  destroyed  as  are  other  unused  ballots  on 
that  day.  (Id.) 

Sec.  211.  Deposit  of  return  ballot  by  registrar. — Upon  the  receipt 
of  the  ballot  from  the  .voter,  the  registrar  shall  on  the  list  kept  by  him, 
mentioned  in  section  two  hundred  and  five,  write  in  ink,  "Received  ballot 

on date"   and   shall  file   the   coupon   enclosed  with 

the  sealed  ballot,  with  the  letter  of  application,  and  deposit  the  envelope 
containing  the  ballot,  unopened,  in  a  sealed  box  to  be  provided  for  the 
purpose,  and  there  it  shall  remain  until  the  day  of  election.  (Id.) 

Sec.    212.      Names    of    applicants    for    ballots    to    be    posted. — On    the 

morning  of  the  day  of  election  on  which  the  ballots  are  to  be  offered, 
the  registrar  shall  post  a  true  copy  of  the  list  required  by-  sections  two 
hundred  and  five  and  two  hundred  and  eleven  in  a  conspicuous  place 
at  the  polling  place  of  his  precinct.  (Id.) 

Sec.   213.      Box  containing  ballots   to  be  delivered  to  judge. — On   the 

day  of  election  the  registrar  shall  deliver  the  box  containing  the  sealed 
ballots  together  with  the  letters  of  application  and  their  accompanying 
coupons  enclosed  in  envelopes  and  the  list  required  by  sections  two  hun- 
dred and  five  and  two  hundred  and  eleven  to  be  kept  by  him,  to  the 
judges  of  election  at  his  precinct,  taking  their  receipt  therefor.  (Id.) 

Sec.  214.  Opening  box  containing  ballots. — At  the  close  of  the  regu- 
lar balloting,  the  box  shall  be  opened  by  the  judges  of  election,  and  the 
ballots  deposited  in  regular  ballot  boxes  as  follows:  As  each  envelope 
is  removed  from  the  box,  the  name  of  the  voter  is  to  be  called  and 


48  Virginia  Election  Laws 

checked  as  if  the  voter  were  voting  in  person.  If  found  entitled  to  cast 
his  vote,  the  envelope  is  then,  but  not  until  then,  opened,  and  the  ballot 
deposited  in  the  regular  box  without  examination  or  unfolding  it,  and 
the  name  of  the  voter  entered  by  the  clerks  on  the  poll  books.  (Id.) 

Sec.  215.  Disposition  of  empty  envelopes. — When  all  ballots  have 
been  accounted  for  and  either  voted  or  rejected,  the  empty  envelopes 
that  previously  contained  the  ballots  are  to  be  placd  in  an  envelope  with 
letters  of  application  and  coupons,  and  they,  together  with  the  rejected 
envelopes,  if  any,  on  which,  or  attached,  shall  be  plainly  written  the 
cause  of  rejection,  signed  by  a  majority  of  the  judges,  shall  be  sealed  up 
with  the  ballots  cast  at  said  election  to  be  delivered  as  provided  by 
law.  Id.) 

Sec.  216.  Fees  of  registrar. — The  registrar  shall  receive  for  each 
voter  availing  himself  of  the  provisions  of  this  chapter  the  same  fee  that 
he  receives  for  registering  a  voter,  and  the  compensation  for  posting  no- 
tices shall  also  be  governed  by  the  general  election  laws.  (Id.) 

Sec.  217.  Penalties  prescribed. — Any  person  attempting  to  aid  or 
abet  fraud  in  connection  with  any  vote  cast,  or  to  be  cast,  under  the  pro- 
visions of  this  chapter,  shall,  upon  conviction,  be  sentened  to  the  peniten- 
tiary for  not  less  than  one  nor  more  than  five  years. 

Any  person  attempting  to  vote  by  fraudulently  signing  the  name  oi 
a  regularly  qualified  voter  shall  be  guilty  of  forgery. 

Any  public  official  who  knowingly  violates  any  of  the  provisions  of 
this  chapter,  and  thereby  aids  in  any  way  the  illegal  casting  or  attempt- 
ing to  cast  a  vote,  or  who  shall  connive  to  nullify  any  provisions  of  this 
chapter  in  order  that  fraud  may  be  perpetrated,  shall  forever  be  disquali- 
fied from  holding  office  in  the  Commonwealth,  and  shall  forever  be  dis- 
qualified from  exercising  the  right  of  franchise.  (Id.) 

Sec.  218.  Chapter  shall  be  liberally  construed  in  favor  of  absent 
voter. — The  provisions  of  this  chapter  shall  be  liberally  construed  in  favor 
of  the  absent  voter.  (Id.) 

Sec.   219.      (Repealed,  Acts   1922,  p.   875.) 
Sec.  220.      (Repealed,  Acts  1922,  p.  875.) 


CHAPTER   15. 

Primary  Elections. 

Sec.  Sec. 

221    Construction    of    words    and    phrases  227.   Right    and    power    of   parties. 

222.  To   what   nominations   this    chapter   ap-  228.   Who   may   vote. 

plies.  228.   Declaration   of   candidacy. 

223.  When    primaries    to    be    held.  230.   Filing   declaration    of    candidacy. 

224.  How    primaries    are    to    be    held.  231.   Regulating      publications      in      newspa- 

225.  The  vote   required   to   nominate.  pers. 

226.  Nominations    to    which    chapter    is    in-  232.    Statements    of    expenditures    by    candi- 

applicable.  dates. 


Virginia  Election  Laws  49 

Sec.  Sec. 

233.  Penalties     for    failure    to     make    state-        241.   Abstracts  of  votes  to  be  made  out  and 

nient.  certified      in      nomination      of      United 

234.  Expenses      of      candidates      limited,  ^n  States      senators;      members      of      the 

amount.  House      of      Representatives      of      the 

235  .    Influencing    vote    by    soliciting    money,  United    States  ;    members    of    the    Gen- 

etc.,    a    misdemeanor.  eral    Assembly,    and    State    and    other 

236.  Primary    ballots    and   poll    books.  officers;    to    whom    forwarded. 

237.  Poll  books  and  ballot  boxes.  242.   Returns    canvassed    by    State    Board    of 

^ve^ef  1o        243.    i      SS   not    forwarded,    messenger 
' 


245.    Expense   of   primary;    how   paid. 

239.  How     commissioners     of     election     ap-       246.   When    no    primary    shall    be    held. 

pointed;    when    to    meet    and    open    re-        247.   How    primaries    may    be    contested. 
turns;    how    vacancies    supplied.  248.   Duty   of   party   authorities. 

240.  How      irregularities      fti      returns      cor-        249.   Fees  to  be  paid  by  candidates. 

rected.  250.    Preservation    of    order    at    the    polls. 

Sec.  221.  Construction  of  words  and  phrases.  —  The  words  and  phrases 
in  this  chapter,  unless  inconsistent  with  the  context,  shall  be  construed  as 
follows  : 

(a)  The  word  "primary,"  the  primary  elections  provided  for  by  this 
chapter. 

(b)  The  word  "election,"  a  general  or  municipal  election  as  distin- 
guished from  a  primary  election. 

(c)  The  words  "general  election,"  the  election  provided  by  law  for 
the  Tuesday  after  the  first  Monday  in  November  of  each  year. 

(d)  The  word  "party,"  a  political  party  or  organization,  which,  at« 
the  presidential  election  next  preceding  the  primary,  polled  at  least  one- 
fourth  of  the  total  vote  cast  at  such  election. 

The  provisions  of  this  chapter  shall  be  liberally  construed  so  that 
the  will  of  the  electors  may  not  be  defeated  by  any  informality.  (1912, 
p.  611;  1914,  p.  513.) 

Sec.  222.  To  what  nominations  this  chapter  applies.  —  This  chapter 
shall  apply  to  the  nomination  of  candidates  for  such  offices  as  shall  be 
nominated  by  a  direct  primary  and  to  no  other  nominations.  The  right  to 
provide  that  a  party  nomination  shall  be  made  by  a  direct  primary  or  by 
some  other  method  shall  be  determined  as  follows:  For  a  member  of  the 
Senate  in  the  Congress  of  the  United  States,  or  for  any  State  office,  by 
the  duly  constituted  authorities  of  any  political  party  for  the  State  at 
large;  for  any  district  office  or  member  of  the  House  of  Representatives 
of  the  United  States,  or  for  State  senator,  member  of  the  House  of  Dele- 
gates, or  for  any  city,  town,  or  county  office,  by  the  duly  constituted  au- 
thorities of  any  political  party  of  the  district,  county,  city,  town,  or  other 
political  subdivision  of  the  State  in  which  such  office  is  to  be  filled.  All 
nominations  made  by  a  direct  primary  shall  be  made  in  accordance  with 
the  provisions  of  this  chapter,  but  nothing  in  this  chapter  shall  be  con- 
strued to  prohibit  the  printing  of  the  name  of  an  independent  candidate 
or  the  candidate  of  a  political  organization  not  included  in  the  definition 
of  a  "party"  as  established  by  this  chapter,  upon  the  official  ballot  used 
at  any  election;  provided,  such  candidate  complies  with  the  election  laws 
concerning  the  same.  (Id.) 

Sec.  223.  When  primaries  to  be  held.  —  Primaries  for  the  nomination 
of  candidates  coming  within  the  terms  of  this  chapter  shall  be  held  as 
follows:  (a)  A  primary  for  the  nomination  of  candidates  to  be  voted  for 
at  the  general  election  shall  be  held  on  the  first  Tuesday  in  August  next 
preceding  such  election;  (b)  a  primary  for  the  nomination  of  candidates 
for  officers  to  be  voted  for  on  the  second  Tuesday  in  June  in  the  cities 
and  towns  of  the  State  shall  be  held  on  the  first  Tuesday  in  April  next 
preceding  such  election.  (Id.) 


50  Virginia  Election  Laivs 

Sec.  224.  How  primaries  are  to  be  held. — The  primaries  provided  for 
in  this  chapter  shall  be  held  by  three  judges  appointed  for  each  party  par- 
ticipating from  members  of  that  party  by  the  electoral  boards  of  the 
respective  cities  and  counties  in  the  Stjjp)  upon  application  made  by  the 
duly  constituted  authorities  of  the  party  or  parties  desiring  to  hold  a  pri- 
mary under  this  law,  in  such  manner  as  may  be  provided  by  the  party  plan 
of  such  party  or  parties,  one  of  which  judges  so  appointed  shall  act  as 
clerk  in  the  conduct  of  such  primary  so  held,  at  each  of  the  several  pre- 
cincts as  now  designated  or  as  may  be  hereafter  provided  by  law.  No 
judge  or  clerk  of  any  election  held  under  this  chapter  shall,  during  the  prog- 
ress of  the  same,  attempt  to  influence  any  voter  to  vote  for  or  against  any 
candidate.  The  said  primaries  shall  be  held  by  three  judges  and  two  clerks, 
appointed  as  above  provided,  for  each  party  participating  in  said  primary, 
if  in  the  judgment  of  said  board  the  two  clerks  are  necessary  in  order  to 
have  the  vote  cast  at  any  voting  place.  The  judges  so  appointed  for  each 
party  shall  conduct  the  primary  for  that  party.  All  the  provisions  and 
requirements  of  the  statutes  of  this  State  in  relation  to  the  holding  of  elec- 
tions, the  counting  of  ballots,  the  making  and  certifying  of  returns  and 
all  other  kindred  subjects  shall  apply  to  all  primaries  insofar  as  they  are 
consistent  with  this  chapter.  The  courts  of  record  of  this  State,  and  the 
judges  thereof  in  vacation,  shall  have  jurisdiction  to  enforce  the  pro- 
visions of  this  chapter  by  injunction,  mandamus,  prohibition,  or  any  other 
proper  remedy.  All  the  provisions  of  this  Code,  insofar  as  they  relate 
to  crimes  against  the  electoral  franchise,  are  hereby  made  applicable  to 
primaries  except  when  inconsistent  with  this  chapter.  Lists  of  qualified 
voters  shall  be  furnished  the  judges  of  the  primary  of  each  party  partici- 
pating in  the  same  manner  as  they  are  directed  by  law  to  be  furnished  the 
judges  of  election.  Each  judge  of  a  primary  shall,  before  entering  upon 
the  discharge  of  his  duties,  take  an  oath,  which  may  be  administered  by 
any  judge,  faithfully  to  discharge  the  duties  of  his  office.  In  the  event  of 
the  absence  from  the  voting  place  of  any  of  the  judges  appointed  by  the 
electoral  board  for  one  hour  after  sunrise,  then  the  other  judge  or  judges 
present  shall  appoint  a  substitute  judge  or  judges  from  duly  qualified 
voters  present  of  the  party  or  parties  holding  the  primary,  and  in  the 
absence  for  two  hours  after  sunrise  of  all  the  judges  appointed  by  the 
electoral  board,  then  three  duly  qualified  voters  belonging  to  the  political 
party  holding  the  election  may  act  as  judges  and  conduct  the  election  in 
the  manner  herein  prescribed.  Any  judge  or  clerk  violating  the  pro- 
visions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor.  (Id.) 

Sec.  225.  The  vote  required  to  nominate. — Any  candidate  for  party 
nomination  to  any  office  who  receives  a  plurality  of  the  votes  cast  by  his 
party  shall  be  the  nominee  of  his  party  for  such  office  and  his  name  shall 
be  printed  on  the  official  ballots  used  in  the  election  for  which  the  primary 
was  held.  In  case  of  a  tie,  the  nominee  shall  be  determined  by  lot  in 
accordance  with  the  election  law  of  the  State.  But  nothing  in  this  sec- 
tion shall  prohibit  the  county  or  city  committee  of  any  political  party 
from  holding  a  primary  which  requires  a  majority  of  the  vote  cast  in 
the  said  primary  to  nominate.  (Id.) 

Sec.  226.  Nominations  to  which  chapter  is  inapplicable. — This  chap- 
ter .shall  not  apply  to  the  nomination  of  presidential  electors,  nor  to  the 
nomination  of  candidates  to  fill  vacancies.  (Id.) 

Sec.  227.  Right  and  power  of  parties. — Each  party  shall  have  the 
power  to  make  its  own  rules  and  regulations,  call  conventions  to  proclaim 
a  platform  or  ratify  a  nomination,  or  for  any  other  purpose,  and  perform 
all  functions  inherent  in  such  organization.  Each  party  shall  have  the 
power  to  provide  in  any  way  it  sees  fit  for  the  nomination  of  its  candi- 
dates, and  the  nomination  and  election  of  its  candidates  for  office  in  case 
of  any  vacancy,  and  the  nomination  and  election  of  its  State,  county  or 
city  committees;  but  no  convention  shall  have  the  power  to  nominate  any 


Virginia  Election  Laws  51 

candidate  to  be  voted  for  at  any  primary.  Should  the  nominee  of  any 
party  die,  or  refuse  his  candidacy,  or  if  his  nomination  is  set  aside  for 
fi-uuu  between  any  primary  and  the  succeeding  election,  any  party  may 
nominate  to  fill  such  vacancy  in  accordance  with  its  own  rules,  except 
that  no  party  shall  nominate  any  person  whose  nomination  has  been  set 
aside  for  fraud  participated  in  by  the  candidate. 

Nothing  in  this  chapter  shall  be  construed  to  limit  or  circumscribe  the 
power  of  any  political  party  to  prescribe  the  rules  and  regulations  for  its 
own  government,  and  to  determine  its  own  methods  of  making  nomina- 
tions for  public  office;  but  no  party  which  has  adopted  the  plan  of  mak- 
ing nominations  for  office  by  primary,  shall  have  the  power  to  nominate 
by  a  convention  any  candidate  to  be  voted  for  at  any  particular  primary. 
A  primary  when  held  shall  be  conducted  in  all  respects  under  the  pro- 
visions of  this  chapter.  (Id.) 

Sec.  228.  Who  may  vote. — All  persons  qualified  to  vote  at  the  elec- 
tion for  which  the  primary  is  held,  and  not  disqualified  by  reasons  of  other 
requirements,  in  the  law  of  the  party,  to  which  he  belongs,  may  vote  at  the 
primary;  except  that: 

No  person  shall  vote  for  the  candidates  of  more  than  one  party: 

No  person  shall  be  permitted  to  vote  for  the  candidates  of  any  party 
unless  in  the  last  preceding  general  election  he  voted  for  the  presidential 
electors  nominated  by  such  party,  or  for  the  nominee  of  the  House  of  Rep- 
resentatives of  such  party,  or  the  nominee  of  such  party  for  Governor,  or 
the  nominee  of  such  party  for  the  House  of  Delegates;  but  if  he  did  not 
vote  at  such  general  election,  then  upon  his  declaration  that  he  will  sup- 
port at  the  ensuing  election  the  nominee  of  the  party  in  whose  primary 
he  wishes  to  vote,  he  shall  be  allowed  to  vote. 

Any  person  offering  to  vote  at  a  primary,  upon  challenge,  shall  be 
sworn  by  one  of  the  judges  of  the  primary,  and  if  he  knowingly  makes  any 
false  statement  as  to  any  matter  material  to  his  right  to  vote,  he  shall  be 
deemed  guilty  of  perjury,  and,  upon  conviction,  shall  be  punished  accord- 
ingly. (Id.) 

Sec.  229.  Declaration  of  candidacy. — The  name  of  no  candidate  shall 
be  printed  upon  any  official  ballot  used  at  any  primary  unless  such  person 
is  legally  qualified  to  hold  the  office  for  which  he  is  a  candidate,  and  unless 
at  least  sixty  days  before  the  primary  he  makes  and  files  a  written  decla- 
ration of  candidacy,  and  has  complied  with  the  rules  and  regulations  of  the 
proper  committee  of  his  party,  which  declaration  shall  be  in,  substantially, 
the  following  form: 

I, ,  of  the  county  of  (or  town  or  city  of), 

a  member  of  the party,  declare  myself  to 

be  a  candidate  for  nomination  to  the  office  of 

to  be  made  at  the  primary  to  be  held  on  the " 

day  of 

This  declaration  shall  be  acknowledged  before  some  officer  who  has  the 
authority  to  take  the  acknowledgments  to  deeds,  or  attested  by  two  per- 
sons who  can  write,  signing  as  witnesses. 

The  .name  of  no  candidate  for  United  States  Senate,  for  representa- 
tives in  Congress,  or  for  any  State  office  shall  be  printed  upon  any  official 
ballot  used  at  any  primary  unless  he  file  along  with  his  declaration  of 
candidacy  a  petition  therefor  signed  by  two  hundred  and  fifty  qualified 
voters  of  the  congressional  district  of  the  candidate  for  House  of  Repre- 
sentatives and  of  the  State  at  large  with  respect  to  a  candidate  for  United 
States  Senate  or  any  State  office,  each  signature  to  which  has  been  wit- 
nessed by  a  person  whose  affidavit  to  that  effect  is  attached  to  the  petition. 
Nor  shall  the  name  of  any  candidate  for  the  General  Assembly,  or  for  any 
city  or  county  office,  be  printed  upon  any  official  ballot  used  at  any  pri- 
mary unless  he  file  along  with  his  declaration  of  candidacy  a  petition  there- 


52  Virginia  Election  Laws 

for  signed  by  fifty   qualified   voters   of  his  city   or  county  witnessed   as 
aforesaid  and  with  like  affidavit  attached  thereto.      (Id.) 

Sec.  230.  Filing  declaration  of  candidacy. — Candidates  for  nomina- 
tion shall  file  their  declaration  with  the  chairman  or  chairmen  of  the  sev- 
eral committees  of  the  respective  parties,  and  it  shall  be  the  duty  of  such 
chairman  or  chairmen  to  furnish  to  the  electoral  boards  charged  with  the 
duty  of  preparing  and  printing  the  primary  ballots  the  names  of  the  can- 
didates to  be  printed  thereon.  (Id.) 

Sec.  231.  Regulating  publications  in  newspapers. — It  shall  be  unlaw- 
ful for  any  owner,  proprietor,  editor,  manager,  officer,  clerk,  agent,  re- 
porter, or  employee  of  any  newspaper,  magazine,  or  periodical  printed  or 
published  in  this  State  to  take,  accept  or  receive,  or  agree  to  take,  accept 
or  receive,  for  himself  or  any  other  person,  firm  or  corporation,  either  by 
himself  or  any  other  person  or  persons,  firm  or  corporation,  any  money  or 
other  valuable  consideration  for  such  newspaper,  magazine,  or  other 
periodical  supporting  or  advocating  the  election  or  defeat  of  any  candidate 
or  candidates  at  any  primary  election.  Any  such  owner,  proprietor,  editor, 
manager,  officer,  clerk,  agent,  reporter,  or  employee  of  any  newspaper, 
magazine  or  other  periodical  violating  the  provisions  of  this  section  shall 
be' deemed  guilty  of  a  misdemeanor  and  shall  be  fined  not  less  than  one 
hundred  dollars,  nor  more  than  five  hundred  dollars  for  each  offense.  But 
nothing  in  this  section  shall  prevent  any  person  or  persons,  firm 'or  corpora- 
tion engaged  in  the  publication  of  any  newspaper,  magazine  or  periodical 
from  receiving  from  any  person  for  publication  and  publishing  any  mat- 
ter, article  or  articles  advocating  the  election  or  defeat  of  any  candidate 
or  candidates  and  receiving  from  such  person  a  compensation  therefor,  if 
such  articles  so  published  or  printed  have  placed  at  the  beginning  thereof 
in  plain  type  in  black  face  Roman  capitals  in  a  conspicuous  place  the 
statement,  "Paid  advertisement."  (Id.) 

Sec.  232.  Statement  of  expenditures  by  candidates. — Every  candidate 
for  nomination  under  the  terms  of  this  chapter  shall,  within  twenty  days 
after  the  day  of  holding  the  primary  in  which  he  is  a  candidate,  file  an 
itemized  statement  in  writing,  duly  sworn  to,  with  the  clerk  of  the  court 
of  the  county  or  city  in  which  he  resides,  setting  forth  each  sum  of  money 
and  thing  of  value  or  any  consideration  whatever  constituted,  paid  or 
promised  by  him  or  any  one  for  him  with  his  knowledge  or  acquiescence, 
for  the  purpose  of  securing  or  influencing  or  in  any  way  affecting  his 
nomination  to  said  office.  Said  statement  shall  set  forth  the  sum  paid  as 
personal  expenses,  setting  forth  fully  and  in  detail  the  nature,  kind  and 
character  of  the  expense  from  which  the  sums  were  expended.  If  any 
money  or  other  consideration  has  been  paid  or  promised  to  any  newspaper, 
magazine  or  other  periodical,  the  name  of  such  newspaper,  magazine  or 
other  periodical  shall  be  set  forth  as  well  as  the  amount  or  thing  prom- 
ised or  paid.  In  this  statement  all  sums  or  other  consideration  promised 
by  him  and  not  paid  shall  be  included.  Such  statement  when  so  filed  shall 
immediately  be  subject  to  public  inspection  and  examination,  and  shall  be 
and  become  a  public  record.  No  officer  shall  receive  and  file  any  state- 
ment of  any  candidate  unless  it  is  made  in  accordance  with  the  require- 
ments of  this  chapter.  (Id.) 

Sec.  233.  Penalties  for  failure  to  make  statement. — Any  candidate 
for  nomination  for  any  office  under  the  terms  of  this  chapter  who  shall 
fail,  neglect  or  refuse  to  file  with  the  proper  officer  the  statement  provided 
for  in  the  preceding  section  within  the  time  provided  therein,  or  who  shall 
fail  to  fully  set  out  in  detail  any  and  all  sums  of  money,  or  other  thing 
of  value  or  consideration  expended,  paid  or  promised,  shall  be  guilty  of 
a  misdemeanor.  (Id.) 

Sec.  234.  Expenses  of  candidates  limited  in  amount. — No  candidate 
for  any  office  at  any  primary  shall  spend  for  any  purpose  whatever,  a 
larger  sum  than  an  amount  equal  to  fifteen  cents  for  every  vote  cast  for 


Virginia  Election  Laws  53 

the  candidate  of  his  party  receiving  the  largest  vote  at  the  last  preceding 
gubernatorial  election,  within  the  territory,  the  qualified  voters  of  which 
have  the  right  to  vote  for  the  office  for  whose  nomination  such  person  is 
a  candidate  at  such  primary;  except  that  in  legislative  districts  where  more 
than  six  candidates  are  to  be  nominated  for  the  General  Assembly,  a  can- 
didate for  the  General  Assembly  may  spend  not  more  than  forty  per 
centum  of  the  salary  to  be  paid  him  if  elected.  Any  person  violating  the 
provisions  of  this  section  shall  be  guilty  of  a  misdemeanor.  (Id.) 

Sec.    235.    Influencing   vote   by   soliciting   money,   etc.,   a  misdemeanor. 

—No  person  shall  solicit,  request,  or  demand,  directly  or  indirectly,  any 
money,  intoxicating  liquor  or  any  thing  of  value  to  influence  his  vote,  or 
to  be  used,  or  u-nder  the  pretense  of  being  used,  to  procure  the  vote  of 
any  other  person  or  persons,  at  any  primary  for  or  against  any  candidate 
for  office.  Any  person  violating  the  provisions  of  this  section  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined  not 
less  than  twenty  nor  more  than  five  hundred  dollars  and  conviction  shall 
disqualify  such  person  from  voting  in  this  State  for  five  years  there- 
after. (Id.) 

Sec.  236.  Primary  ballots. — The  primary  ballots  for  the  several 
parties  taking  part  in  a  primary  shall  be  printed  and  delivered  to  the 
judges  of  election  by  the  city  or  county  electoral  boards.  These  ballots 
shall  be  official  and  shall  be  composed,  arranged,  printed  and  provided  in 
the  same  manner  as  the  official  election  ballots  except  that  across  the 
head  of  each  official  primary  ballot  shall  be  printed  in  plain  black  type 
the  date  of  the  primary,  the  name  of  the  political  party,  the  names  of 
whose  candidates  are  printed  thereon,  and  immediately  underneath  the 
following  words:  "Primary  election  ballot."  The  number  of  ballots  printed 
for  each  party  participating  in  the  primary  shall  be  equal  to  the  number 
of  qualified  voters  of  such  party.  (Id.) 

Sec.  237.  Poll  books  and  ballot  boxes. — There  shall  be  two  poll  books 
and  a  separate  ballot  box  provided  for  each  party  taking  part  in  any  pri- 
mary. The  ballot  box  of  each  party  shall  have  plainly  marked  upon  its 
top  the  words,  "Primary  ballot  box,"  and  immediately  under  the  words 
the  name  of  the  party  which  uses  the  same.  Two  poll  books  shall  be  pro- 
vided for  each  party  participating  in  the  primary,  and  each  poll  book  shall 
bear  conspicuously  upon  its  cover  the  name  of  the  party  whose  voters  are 
recorded  therein,  and  shall  have  printed  therein  the  following: 

Tally  Sheet. 

For  (name  of  party)  for  the precinct  in  the 

county  of ,  for  a  primary  held  on 

day  of A.  D. 

The  names  of  candidates  for  nominations  shall  be  placed  on  the  tally 
sheets  of  each  political  party  by  the  primary  clerks  in  the  order  in  which 
they  appear  on  the  primary  ballot. 

Copies  of  this  chapter  shall  be  distributed  by  the  Secretary  of  the 
Commonwealth  to  the  various  members  of  the  electoral  boards  and  judges 
of  election  and  clerks  of  circuit  and  corporation  courts  throughout  the 
State.  (Id.) 

Sec.  238.  Poll  books  and  ballots  to  be  sealed;  when  and  by  whom  de- 
livered to  clerks;  where  kept;  if  returns  not  made,  how  obtained. — After 
canvassing  the  votes,  the  judges,  before  they  adjourn,  shall  put  under 
cover  the  poll  books,  seal  the  same,  and  direct  them  to  the  clerk  of  the 
circuit  court  of  the  county  or  the  clerk  of  the  corporation  court  of  the  city, 
as  the  case  may  be,  in  which  the  election  is  held,  and  the  poll  books  thus 
sealed  and  directed,  together  with  the  ballots  strung,  enclosed  and  sealed, 
shall  be  conveyed  by  one  of  the  judges,  to  be  determined  by  lot  if  they 
cannot  otherwise  agree,  to  the  clerk  to  whom  they  are  directed,  on  the  day 
following  the  election,  there  to  remain  for  the  use  of  the  persons  who  may 
be  lawfully  entitled  to  inspect  the  same.  The  clerk  to  whom  the  ballots 
are  delivered,  as  aforesaid,  shall,  without  breaking  the  seal,  deposit  them 


54  Virginia  Election  Laws 

in  his  office,  where  they  shall  be  safely  kept  for  twelve  months;  and  he 
shall  not  allow  the  same  to  be  inspected  unless  in  cases  of  contested  elec- 
tions or  unless  they  become  necessary  to  be  used  in  evidence,  and  then  only 
on  the  order  of  the  court  given  jurisdiction  of  such  contest,  or  as  otherwise 
provided  in  this  chapter.  The  judges  of  election  shall  be  responsible  for 
all  the  primary  ballots  delivered  to  them,  and  shall  return  to  the  clerk  of 
the  circuit  court  of  the  county  or  the  corporation  court  of  the  city,  as  the 
case  may  be,  all  unused  ballots,  including  those  not  voted  and  those  spoiled 
by  voters  while  attempting  to  vote.  Said  clerks  shall  give  his  receipt  for 
such  unused  ballots  and  shall  retain  the  same  in  his  office  as  provided  in 
rspect  of  ballots  which  have  been  voted.  If  from  any  cause  the  judges  of 
election  shall  fail  to  make  returns  as  provided  by  this  section,  within  the 
time  limited  by  the  following  section  for  the  commissioners  to  meet  and 
open  the  returns,  it  shall  be  the  duty  of  the  clerk  to  whose  office  such  re- 
turns ought  to  have  been  made  to  dispatch  a  special  messenger  to  obtain 
such  returns,  who  shall  be  subject  to  the  same  penalties  and  entitled  to 
the  same  compensation  as  a  judge  of  election  for  such  services.  (Id.) 

Sec.  239.  How  commissioners  of  election  appointed;  when  to  meet  and 
open  returns;  how  vacancies  supplied. — The  electoral  board  in  each  county 
and  city  shall  at  the  time  they  appoint  judges  and  clerks  of  election  desig- 
nate five  of  the  judges  so  appointed  to  act  as  commissioners,  who,  or  any 
three  of  whom,  shall  constitute  a  board,  which  shall  elect  one  of  their 
number  secretary,  whose  duty  it  shall  be  to  meet  at  the  clerk's  office  of  the 
county  or  city  for  which  they  are  appointed,  on  the  second  day  after  any 
primary  election  held  therein,  and  proceed  to  open  the  returns  which  shall 
have  been  made  at  that  office;  and  the  said  commissioners  shall  ascertain 
from  the  returns  the  candidates  who  have  received  the  greatest  number  of 
votes  in  the  county  or  city.  The  result  as  so  ascertained  shall  be  reduced 
to  writing  and  signed  by  a  majority  of  the  commissioners  present  and  con- 
stituting such  board,  and  attested  by  the  secretary,  and  shall  be  annexed 
to  the  abstract  of  votes  cast  at  such  election,  as  provided  for  in  section  two 
hundred  and  forty-one.  If  from  any  cause  the  number  of  commissioners 
in  attendance  at  the  time  and  place  for  opening  returns  be  less  than 
three,  the  commissioner  or  commissioners  in  attendance  shall  select  from 
the  voters  of  the  county  or  city,  as  the  case  may  be,  one  or  more  persons 
having  the  qualification  of  judge  of  election,  who  shall  act  as  commissioner 
or  commissioners.  The  electoral  boards  of  the  respective  counties  and 
cities  shall  have  power  to  fill  vacancies  in  such  appointments  in  their  re- 
spective cities  and  counties  whenever  necessary  to  do  so.  Any  person  ap- 
pointed under  this  section  to  fill  a  vacancy  in  the  board  of  commissioners, 
shall,  before  entering  upon  the  discharge  of  his  duties  as  commissioner, 
take  an  oath  before  some  one  authorized  to  administer  oaths,  to  faith- 
fully discharge  his  duties  as  commissioner,  and  when  so  sworn  shall  have 
all  the  power  and  authority,  and  be  subject  to  all  the  penalties  of  a  judge 
of  election.  The  fact  of  the  appointment  being  made,  and  the  oath  taken, 
shall  be  noted  by  the  secretary  at  the  foot  of  the  abstract  of  votes  provided 
for  in  section  two  hundred  and  forty-one.  (Id.) 

Sec.  240.  How  irregularities  in  returns  corrected. — If  it  shall  appear 
to  any  board  of  election  commissioners,  in  determining  the  candidates  who 
have  received  the  greatest  number  of  votes,  that  irregularities  or  informali- 
ties occur  in  the  returns  of  the  judges  or  clerks  of  election,  which  can  be 
cured  by  amending  or  correcting  the  same,  it  shall  be  the  duty  of  said 
board  of  commissioners  immediately  to  summon  the  said  judges  and  clerks, 
or  such  of  them  as  may  be  requisite,  to  appear  before  the  said  board,  on 
some  day  not  exceeding  five  days  from  the  date  of  the  summons,  for  the 
purpose  of  amending  such  returns  so  that  the  same  may  conform  to  the 
law.  The  summons  may  be  executed  by  any  sheriff,  sergeant,  constable,  or 
qualified  voter,  who  shall  receive  for  such  service  fifty  cents  for  each  per- 
son summoned,  to  be  paid  by  the  county  or  city  in  which  such  election  was 
held.  (Id.) 


Virginia  Election  Laws  55 

Sec.  241.  Abstracts  of  votes  to  be  made  out  and  certified  in  nomina- 
tion of  United  States  Senators;  members  of  the  House  of  Representatives 
of  the  United  States;  members  of  the  General  Assembly,  and  State  and 
other  officers;  to  whom  forwarded. — As  soon  as  the  commissioners  afore- 
said shall  determine  the  persons  who  have  received  the  highest  number  of 
votes  for  nomination  to  any  such  office,  the  secretary  shall  immediately 
make  out  abstracts  and  certificates  of  the  votes  cast  for  United  States 
senators,  members  of  the  House  of  Representatives,  State  officers,  mem- 
bers of  the  General  Assembly,  county,  city  and  district  officers  (as  the  case 
may  be),  which  abstracts  being  certified  and  signed  by  said  commissioners 
and  attested  by  the  secretary  shall  be  deposited  in  the  office  of  the  clerk  of 
the  court,  under  seal,  and  certified  copies  thereof  shall  be  placed  in  an  en- 
velope by  said  secretary,  and  forwarded  by  registered  mail  as  follows:  For 
United  States  senator  and  State  officers  to  the  Secretary  of  the  Common- 
wealth; for  members  of  the  House  of  Representatives  of  the  United  States, 
to  the  chairman  of  the  congressional  district  committee;  for  State  senator 
to  the  chairman  or  several  chairmen,  as  the  case  may  be,  of  the  county  or 
counties  and  cities  composing  the  senatorial  district;  for  member  of  the 
House  of  Delegates,  to  the  chairman,  or  several  chairmen,  of  the  county 
or  counties  and  cities  comprising  the  district;  and  for  county  and  city  and 
district  officers,  to  the  chairman  of  the  county  or  city;  and  the  said  secre- 
tary shall  endorse  on  the  back  of  the  envelope  in  which  said  certified  copies 
are  enclosed:  "Copy  of  the  abstract  of  votes  cast  in  the  primary  elec- 
tion in county  (or  city  as  the  case  may  be) 

on nineteen  hundred  and " 

The  chairman  or  chairmen  hereinbefore  referred  to  are  the  chairman 
or  chairmen  of  the  political  party  or  parties  under  whose  auspices  the  pri- 
mary is  held. 

Any  secretary  wilfully  violating  any  of  the  provisions  of  this  section 
shall  be  punished  by  a  fine  of  not  less  than  one  hundred  dollars  or  more 
than  one  thousand  dollars,  or  by  confinement  in  jail  for  a  period  of  not 
less  than  thirty  days  nor  more  than  six  months. 

The  chairman  or  chairmen  in  the  several  instances  aforesaid  shall 
ascertain  and  publish  in  some  newspaper  in  the  district,  county  or  city  the 
names  of  the  persons  receiving  the  nomination.  If  from  any  county,  city 
or  congressional  district  the  abstracts  of  votes  shall  not  have  been  received 
within  eight  days  after  any  primary  by  the  chairman  or  chairmen  of  the 
party  holding  the  election,  he  or  they,  as  the  case  may  be,  shall  dispatch 
a  messenger  to  obtain  a  copy  of  the  same  from  the  secretary  of  the  board 
of  election  commissioners,  and  the  expense  thereof  shall  be  borne  by  the 
council  of  the  city  or  the  board  of  supervisors  of  the  county  wherein  the 
delinquent  secretary  resides.  (Id.) 

Sec.    242.    Returns    canvassed    by    State    Board    of    Canvassers. — The 

Secretary  of  the  Commonwealth  shall  lay  the  certified  abstract  aforesaid 
before  the  State  Board  of  Canvassers  whom  he  shall  convene  for  the  pur- 
pose not  later  than  ten  days  after  their  reception,  and  they  shall  open  and 
tabulate  the  said  returns  and  declare  the  nominees  in  manner  and  form 
as  they  do  in  general  elections.  (Id.) 

Sec.  243.    If  abstracts  not  forwarded,  messenger  to  be  sent  for  them. 

— If  from  any  county  or  city  the  abstract  of  votes  shall  not  have  been 
received  within  twelve  days  after  any  State  primary  election  by  the  Secre- 
tary of  the  Commonwealth,  he  shall  dispatch  a  special  messenger  to  obtain 
a  copy  of  the  same  from  the  secretary  of  the  board  of  election  commis- 
sioners; and  said  secretary  shall  immediately,  on  demand  of  such  messen- 
ger, make  out  and  deliver  to  him  the  copy  required,  which  copy  of  the 
abstract  of  votes  the  messenger  shall  deliver  to  the  Secretary  of  the  Com- 
mon viealth  without  delay. 


56  Virginia  Election  Laws 

The  said  special  messenger  shall  receive  for  his  services  and  mileage, 
the  same  compensation  and  mileage  provided  for  a  special  messenger 
under  section  one  hundred  and  ninety  of  the  general  elections  laws,  to  be 
paid  upon  warrant  of  the  board  of  supervisors  of  the  county  or  council  of 
the  city,  on  the  treasurer  of  such  county  or  city,  out  of  such  funds  as  may 
be  provided  for  the  expenses  of  said  election.  (Id.) 

Sec.  244.  False  entries,  etc. — Any  person  who  shall  be  guilty  of  steal- 
ing, or  wilfully,  fraudulently  and  wrongfully  breaking,  destroying,  muti- 
lating, defacing,  falsifying,  or  unlawfully  moving,  securing,  or  detaining 
the  whole  or  any  part  of  any  ballot  box,  or  any  record,  primary  poll  book, 
tally  sheet  or  copy  thereof,  or  the  returns  or  any  other  paper  or  document 
required  to  be  used  in  holding  elections,  or  who  shall  fraudulently  make 
any  entry,  erasure  or  alteration  therein,  or  who  shall  fraudulently  permit 
any  other  person  to  do  so,  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof,  shall  be  fined  not  less  than  two  hundred  nor  more  than  one 
thousand  dollars,  and  be  confined  in  jail  not  more  than  sixty  days,  and 
such  conviction  shall  disqualify  such  person  from  voting  or  holding  office 
in  this  State  thereafter.  (Id.) 

Sec.  245.  Expense  of  primary;  how  paid. — The  necessary  expenses  in- 
cident to  holding  and  conducting  primaries,  such  as  the  payment  of  judges 
and  clerks  of  election,  necessary  stationery  and  supplies,  rent  of  polling 
places,  furnishing  and  distributing  ballot  boxes  and  poll  books,  delivering 
poll  books,  printing  and  providing  ballots,  and  other  like  expense  shall  be 
paid  as  expenses  of  elections  are  paid.  (Id.) 

Sec.  246.  When  no  primary  shall  be  held. — Whenever  within  the  time 
prescribed  by  this  chapter  there  is  only  one  declaration  of  candidacy  in  a 
political  party  for  the  nomination  for  any  office,  the  name  of  the  person 
filing  such  declaration  shall  be  declared  the  nominee  of  such  party  for  the 
office  for  which  he  has  announced  his  candidacy.  No  primary  shall  be  held 
for  the  nomination  of  candidates  for  office  when  the  authorities  of  a 
political  party  acting  within  the  discretion  vested  in  them  by  this  chapter 
shall  require  the  nomination  to  be  made  otherwise.  (Id.) 

Sec.  247.  How  primaries  may  be  contested. — Any  primary  election 
may  be  contested  as  follows: 

The  nomination  for  United  States  senators  and  State  officers  in  the 
circuit  court  of  the  city  of  Richmond;  the  nomination  for  candidates  for 
the  House  of  Representatives  of  the  United  States,  State  senators,  mem- 
bers of  the  House  of  Delegates,  and  all  county,  district  and  city  officers  in 
the  circuit  court  of  the  county  or  city  in  which  the  contestee  resides.  All 
contests  shall  be  conducted  according  to  the  rules  of  law  and  equity  gov- 
erning contest  in  regular  elections.  (Id.) 

Sec.  248.  Duty  of  party'authorities. — It  shall  be  the  duty  of  the  chair- 
man and  secretary  of  the  State  central  committee  of  every  party,  by  writ- 
ing signed  by  themselves,  to  notify  the  Secretary  of  the  Commonwealth 
whether  such  committee  has  or  has  not  adopted  the  direct  primary  and  to 
what  candidates  such  adoption  refers.  In  case  the  discretion  of  nominat- 
ing local  candidates  be  vested  in  the  local  committees,  then  it  shall  be  the 
duty  of  the  chairman  and  secretary  of  such  local  committee  to  notify  the 
Secretary  of  the  Commonwealth  of  the  action  taken  by  them  in  such  re- 
gard; and  the  Secretary  of  the  Commonwealth  shall  thereupon  order  the 
holding  of  a  primary  election  in  any  county,  city  or  other  district  of  the 
State  in  which  he  is  so  notified  that  a  primary  is  intended  to  be  held.  The 
notification  required  by  this  section  shall  be  made  at  least  thirty  days 
before  the  date  herein  set  for  the  primaries  and,  at  all  primaries  held 
under  this  chapter,  each  candidate  may  have  a  representative  at  the  polls, 
except  when  there  are  more  than  two  candidates,  in  which  case  there  shall 
be  only  two  representatives,  one  to  be  appointed  by  a  majority  of  the 
candidates  and  the  other  by  the  minority  of  the  candidates. 


Virginia  Election  Laws  57 

Nothing  in  this  chapter  shall  be  construed  to  require  the  county  and 
city  treasurers  to  pay  expenses  of  more  than  one  primary  held  by  any  one 
party  for  one  election,  but  if  any  of  the  subordinate  party  committees  call 
a  primary  at  a  date  other  than  the  date  for  the  general  primary,  then  the 
expenses  of  the  primary  called  by  such  subordinate  party  committee  shall 
be  paid  by  the  candidates  themselves,  (Id.) 

Sec.  249.  Fees  to  be  paid  by  candidates. — Every  candidate  for  any 
office  at  any  primary  shall,  before  he  files  his  declaration  of  candidacy,  as 
provided  in  the  foregoing  sections,  pay  a  fee  equal  to  two  per  centum  of 
one  years'  salary  attached  to  the  office  for  which  he  is  candidate. 

In  case  of  a  candidate  whose  compensation  is  paid  in  whole  or  in  part 
by  fees,  the  amount  to  be  paid  by  such  candidate  as  his  contribution  for 
the  payment  of  the  expenses  of  the  primary  shall  be  fixed  by  the  proper 
committee  of  the  respective  parties. 

If  there  is  no  salary  the  fee  shall  be  one  dollar.  These  fees  shall  be 
paid  as  follows: 

(a)  Candidates  for  United  States  senators,   for  representatives  in 
Congress,  and  for  all  State  offices  shall  pay  such  fee  to  the  Auditor  of 
Public  Accounts  of  Virginia. 

Candidates  for  the  Senate  of  Virginia  or  the  House  of  Delegates  of 
Virginia  shall  pay  the  primary  fee  to  the  treasurer  of  the  candidate's 
county  or  city,  and  where  the  candidate's  district  is  composed  of  more 
than  one  county  or  city  the  fee  must  be  equally  divided  among  the  coun- 
ties and  cities  in  the  district,  and  paid  to  the  respective  treasurers  by  the 
candidate. 

The  primary  fees  paid  to  the  Auditor  of  Public  Accounts  shall  be  paid 
by  him  into  the  State  treasury  to  the  credit  of  a  fund  to  be  known  as  "The 
State  primary  fee  fund,"  and  shall  be  kept  separate  and  distinct  from  all 
other  monies  in  the  treasury  of  the  State. 

In  the  event  a  prospective  candidate  pays  the  fee  to  the  Auditor  of 
Public  Accounts,  and  does  not  become  a  candidate,  the  Auditor  of  Public 
Accounts  shall  pay  back  the  fee  by  warrant  upon  the  State  primary  fee 
fund,  and  in  the  event  the  candidate  who  has  paid  the  fee  is  not  opposed, 
the  Auditor  of  Public  Accounts  shall  pay  back  the  fee  by  warrant  upon  the 
State  primary  fee  fund.  All  other  State  primary  fees  paid  to  the  Auditor 
of  Public  Accounts  shall,  after  the  primary  has  been  held,  be  paid  to  the 
literary  fund  of  the  State  by  warrant  drawn  upon  the  State  primary  fee 
fund,  and  any  interest  earned  upon  the  State  primary  fees  whilst  the 
same  remain  in  the  State  treasury  to  the  credit  of  the  State  primary  fee 
fund  shall  belong  to  the  general  fund  of  the  Commonwealth. 

Primary  fees  heretofore  paid  the  Auditor  of  Public  Accounts,  and 
now  in  his  custody,  as  well  as  primary  fees  hereafter  paid  to  the  Auditor 
of  Public  Accounts,  shall  be  by  him  disposed  of  in  the  manner  herein- 
before provided  for. 

(b)  All  other  candidates  shall  pay  said  fee  to  the  treasurer  of  the 
city  or  county  in  which  they  reside.     A  receipt  for  the  payment  of  said  fee 
must  accompany  and  be  attached  to  said  declaration  of  candidacy;  other- 
wise the  same  shall  not  be  received  or  filed;  provided,  that  when  for  dis- 
trict officers  of  more  than  one  county  the  fee  shall  be  divided  equally  be- 
tween the  counties  comprising  such  district  and  paid  to  the  respective 
treasurers  thereof.     In  the  event  a  prospective  candidate  pays  the  fee  to 
a  county  or  city  treasurer  and  does  not  become  a  candidate,  the  treasurer 
shall  pay  back  the  fee;  and  in  the  event  the  candidate  who  has  paid  the 
fee  is  not  opposed,  the  treasurer  shall  pay  back  the  fee.     All  other  pri- 
mary fees  paid  a  county  or  city  treasurer  shall,  after  the  primary  has  been 
held,  be  paid  or  placed  to  the  credit  of  the  fund  of  the  county  or  city  out 
of  which  the  expenses  of  the  primary  were  paid  by  the  county  or  city. 
(1912,  p.  611;  1914,  p.  513;  1918,  p.  96.) 

Sec.  250.  Preservation  of  order  at  the  polls. — The  judges  conducting 
a  primary  may  require  a  constable  present  to  assist  in  preserving  order  at 


58  Virginia  Election  Laws 

or  near  the  polls,  and  in  his  absence  may  appoint  a  special  constable  for 
the  purpose  aforesaid,  who  for  the  time  being  shall  be  clothed  with  all  the 
powers  and  subject  to  all  the  duties  of  a  duly  elected  constable.  (1912,  p. 
611;  1914,  p.  513.) 

CHAPTER    14J. 
Pure    Elections. 

Sec.  Sec. 

251.  To  promote  pure  elections  and  conven-        254.   Certificate   or    commission    not   to    issue 

tions,    and    to    prevent    corrupt    prac-  until    statement   and   oath   filed. 

tices    or    bribery    in    same    by    candi-        255.    Penalty    prescribed. 

dates.  256.    Officers    not    permitted    to    qualify    un- 

252.  To    prohibit    corrupt    practices    or    brib-  mUf  anT^h 

ery   by    any   person    other   than    candi-  ^ion 

257.   When  election  to   be  declared  null   and 

253.  Requiring    candidates    to    furnish    lists  void. 

of    expenses    and    declaring    void    elec-       258.   Witnesses    giving    <?vid«nce    to    be    im- 
tions    under    certain    conditions.  mune  from   prosecution. 

Sec.  251.  To  promote  pure  elections  and  conventions,  and  to  prevent 
corrupt  practices  or  bribery  in  same  by  candidates. — No  candidate  for 
either  house  in  the  United  States  Congress  or  for  either  house  in  the  Gen- 
eral Assembly  of  Virginia,  or  any  State,  county,  district  or  municipal  office, 
shall  expend,  pay,  promise,  loan,  or  become  pecuniarily  liable  in  any  way, 
for  any  money  or  other  valuable  thing,  to  influence  voters  in  his  behalf,  or 
permit  the  same  to  be  so  used  with  his  knowledge  and  consent,  by  his 
friends  or  adherents  in  any  election,  primary  or  nominating  convention, 
except  for  expenses  herein  expressly  allowed — namely,  expenses  directly 
incurred  and  paid  by  a  candidate  for  traveling,  and  for  purposes  properly 
incidental  to  traveling;  for  writing,  printing,  and  preparing  for  transmis- 
sion any  letter  or  circular,  or  any  advertisement,  in  any  newspaper,  maga- 
zine, or  other  periodical,  whereby  he  states  his  position  or  views  on  public 
questions  and  requests  the  suffrage  of  the  voters;  for  stationery,  postage, 
telegraph  or  telephone  tolls,  and  other  similar  expenses,  and  for  the  neces- 
sary expenses  of  hiring  bands,  halls,  or  other  rooms  in  which  to  address 
the  voters  and  others  upon  public  questions  and  matters  concerning  his 
candidacy,  or  to  be  used  as  campaign  headquarters  and  for  the  employ- 
ment of  such  clerks  as  may  be  necessary  to  carry  on  the  campaign,  and  for 
transportation  of  voters  to  and  from  the  election.  (1902-3-4,  p.  88.) 

Sec.  252.  To  prohibit  corrupt  practices  or  bribery  by  any  person  other 
than  candidates. — No  person  shall  expend,  pay,  promise,  loan,  or  become 
pecuniarily  liable  in  any  way  for  any  money  or  other  valuable  thing,  in 
behalf  of  any  candidate  for  office,  or  at  any  election,  primary  or  nominat- 
ing convention  held  in  this  Commonwealth,  except  for  the  purposes  pro- 
vided in  the  preceding  section.  Any  person  or  candidate  violating 
any  of  the  provisions  of  this  or  the  preceding  section  shall  be  guilty  of  a 
misdemeanor.  (1902-3-4,  p.  88.) 

Sec.  253.  Requiring  candidates  to  furnish  lists  of  expenses  and  de- 
claring void  elections  under  certain  conditions. — Every  person  who  shall 
be  a  candidate  before  any  caucus  or  convention,  or  at  any  primary  elec- 
tion or  at  any  election  for  any  State,  county,  city,  township,  district,  or 
municipal  office,  or  for  senator  or  member  of  the  House  of  Delegates  of 
Virginia,  or  for  senator  or  representative  in  the  Congress  of  the  United 
States,  shall,  within  thirty  days  after  the  election,  caucus,  convention  or 
primary  election  held  to  fill  such  office  or  place,  make  out  and  file  with 
the  officer  or  board,  empowered  by  law  to  issue  certificates  of  election  to 
such  office  or  place,  and  a  duplicate  thereof  with  the  clerk  of  the  circuit 
court  of  county  or  corporation  court  of  the  city  for  any  county  or  city  in 


Virginia  Election  Laws  59 

which  such  candidate  resides,  a  statement  in  writing,  which  statement  and 
duplicate  shall  be  subscribed  and  sworn  to  by  such  candidate  before  an 
officer  authorized  to  administer  oaths,  setting  forth  in  detail  all  sums  of 
money  contributed,  disbursed,  expended  or  promised  by  him,  and  to  the 
best  of  his  knowledge  and  belief  by  any  persons  or  person  in  his  behalf, 
wholly  or  in  part,  endeavoring  to  secure  his  nomination  or  election  to  such 
office  or  place;  and  also  all  sums  of  money  contributed,  disbursed,  ex- 
pended or  promised  by  him  in  support  and  in  connection  with  the  nomina- 
tion or  election  of  any  other  persons  at  such  election,  primary  or  nomi- 
nating convention,  and  showing  the  dates  when,  the  persons  to  whom  and 
the  purposes  for  which  all  such  sums  were  paid,  expended  or  promised. 
Such  statements  shall  also  set  forth  that  the  same  is  as  full  and  explicit 
as  affiant  is  able  to  make  it;  and  he  shall  also,  before  some  officer  quali- 
fied to  administer  oaths,  take,  subscribe  to  and  file  with  said  statement 
the  following  oath: 

"I  do  solemnly  swear  that  the  statement  herewith  filed  embraces  all 
money  spent  by  me  or  in  my  behalf,  with  my  knowledge  and  consent,  by 
any  adherents  and  friends;  that  I  have  neither  directly  nor  indirectly  ar- 
ranged, encouraged  nor  connived  at  the  spending  of  any  money  other 
than  as  shown  in  my  said  statement;  that  I  have  not  repaid  any  money  so 
spent  or  claimed  to  have  been  so  spent,  and  that  I  will  not  do  so,  and  that 
I  have  not  violated  any  of  the  provisions  of  chapter  sixteen  of  the  Code 
of  Virginia  in  letter  or  in  spirit.  So  help  me  God."  (1902-3-4,  p.  88.) 

Sec.  254.  Certificate  or  commission  not  to  issue  until  statement  and 
oath  filed. — No  officer  or  board  authorized  by  law  to  issue  commissions  or 
certificates  of  election  shall  issue  any  such  certificate  or  commission  to  any 
such  person  until  such  statement  and  oath  shall  have  been  so  made,  veri- 
fied and  filed  by  such  persons  with  said  officer.  (1902-3-4,  p.  88.) 

Sec.  255.  Penalty  prescribed. — Any  person  failing  to  comply  with  the 
provisions  of  this  chapter  by  failing  to  file  said  statement  and  oath  in  the 
manner  and  form  above  prescribed  shall  be  deemed  guilty  of  a  misde- 
meanor. (1902-3-4,  p.  88.) 

Sec.  256.  Officers  not  permitted  to  qualify  until  statement  and  oath 
filed;  statement  and  oath  open  to  public  inspection. — No  person  shall  enter 
upon  the  duties  of  any  elective  office  until  he  shall  have  filed  the  statement, 
oath,  and  duplicate  provided  for  in  this  chapter,  nor  shall  he  receive  any 
salary  or  any  emolument  for  any  period  prior  to  the  filing  of  the  same. 
Said  statement  and  oath  shall  at  all  times  be  open  to  public  inspection  and 
copies  of  same  furnished  any  applicant.  (1902-3-4,  p.  88.) 

Sec.  257.  When  election  to  be  declared  null  and  void. — In  any  contest 
over  the  election  of  any  officer  in  this  Commonwealth,  if  it  be  alleged  in 
the  notice  of  contest  of  the  contestants  that  the  provisions,  or  any  of  them, 
of  this  chapter  have  been  violated  by  the  contestee,  or  by  his  friends  and 
adherents,  with  his  knowledge  and  consent,  and  it  so  appears  upon  the 
trial  of  said  contest,  then  said  election  shall  be  declared  null  and  void  and 
of  no  effect,  unless  it  also  appears  that  the  contestant  is  entitled  to  the 
office  for  which  he  is  contesting.  (1902-3-4,  p.  88.) 

Sec.   258.    Witnesses  giving  evidence  to  be  immune  from  prosecution. 

— No  witness  giving  evidence  in  any  prosecution  or  other  proceeding  under 
this  chapter  shall  ever  be  proceeded  against  for  any  offense  made  penal  by 
any  of  the  provisions  of  this  chapter,  or  any  of  the  other  election  laws  of 
this  State,  committed  by  him  at  or  in  connection  with  the  same  election, 
primary,  or  convention.  (1902-3-4,  p.  88;  1908,  p.  561.) 


60  Virginia  Election  Laws 

CHAPTER   17. 
Contested    Elections. 

Sec.  Sec. 

259.  How    election    of   members    of   the   Gen-  Instruction,    and    the    Commissioner   of 

eral    Assembly    contested.  Agriculture    and    Immigration. 

260.  How      notice      given      and      depositions        265.   How     contest     determined     in     case     of 

taken  Governor,     Lieutenant-Governor,     Sec- 

retary   of    the    Commonwealth,    Treas- 

261.  How  witnesses   summoned   and   paid.  urer    and    Attorney-General. 

262.  When    and    where    petition    presented.  266     How>     in     case     of     Superintendent     of 

263.  New   election   in   case  of   a   tie.  Public    Instruction    and    Commissioner 

264.  Contested    elections    of    Governor,    Lieu-  'of   Agriculture  and   Immigration. 

tenant  -  Governor,      Attorney  -  General,        267.   How     election     of     county,     corporation 
Secretary  of  the  Commonwealth,  State  and    district    officers    contested. 

Treasurer,     Superintendent    of     Public        268.   No  appeal. 

Sec.  259.  How  election  of  members  of  the  General  Assembly  con- 
tested.— Any  person  intending  to  contest  the  election  of  another,  as  a  Sen- 
ator or  Delegate  to  the  General  Assembly,  shall,  within  fifteen  days  after 
the  day  on  which  the  election  commenced,  give  to  the  other  notice  thereof 
in  writing,  and  a  list  of  the  votes  he  will  dispute,  with  his  objections  to 
each,  and  the  votes  improperly  rejected  for  which  he  will  contend.  If  he 
object  to  the  legality  of  the  election,  or  eligibility  of  the  person  elected, 
the  notice  shall  set  forth  the  objections;  and  the  person  whose  election  is 
contested,  shall,  within  five  days  after  receiving  such  notice,  deliver  to^his 
adversary  a  like  list  of  all  the  votes  which  he  will  dispute,  with  his  objec- 
tions, and  the  votes  improperly  rejected  which  he  will  claim,  and  the  notice 
of  his  objections,  if  any  he  has,  to  the  eligibility  of  the  contesting  party. 
Each  party  shall  append  to  the  list  of  votes  he  intends  to  dispute  or  claim 
an  oath  to  the  following  effect:  "I  do  swear  (or  affirm)  that  I  have  rea- 
son to  believe  that  the  persons,  whose  names  are  above  mentioned,  are  not 
legally  qualified  (or  are  qualified,  as  the  case  may  be),  to  vote  in  the 

county  of (or  corporation  or  district  of )."     The 

contestant  shall  take  his  depositions  within  twenty  days  after  the  day  of 
election,  and  the  contestee  shall  begin  and  complete  the  taking  of  his  depo- 
sitions within  ten  days  after  the  time  fixed  for  the  contestant  to  take  his 
depositions.  No  depositions  shall  be  read  in  favor  of  either  party  which  are 
not  taken  within  the  time  herein  prescribed.  (Code  1887,  §  152.) 

Sec.  260.  How  notice  given  and  depositions  taken. — Any  notice  re- 
quired by  this,  or  any  other  chapter  relating  to  elections,  may  be  given, 
and  the  lists  before  mentioned  may  be  delivered,  in  the  mode  prescribed 
by  law  for  giving  notices.  Every  deposition  shall  be  taken,  after  reason- 
able notice,  before  a  justice  or  notary,  who  shall  certify  and  seal  up  the 
same  in  like  manner  as  if  the  deposition  was  in  a  civil  suit,  and  direct  the 
same  to  the  clerk  of  the  house  in  which  the  seat  is  contested.  When  the 
petition  of  the  party  contesting  is  referred  to  a  committee,  the  clerk  shall 
refer  the  depositions  with  the  petition.  (Code  1887,  §  153.) 

Sec.  261.  How  witnesses  summoned  and  paid. — Subpoenas  for  wit- 
nesses shall  be  issued  by  the  clerks  of  the  circuit  and  corporation  courts, 
upon  the  application  of  either  party.  Such  witnesses  shall  be  entitled  to 
the  same  allowances  and  privileges,  and  be  subject  to  the  same  penalties, 
as  witnesses  summoned  to  attend  the  said  courts.  (Code  1887,  §  154.) 

Sec.  262.  When  and  where  petition  presented. — A  petition  or  com- 
plaint shall  be  presented  in  writing  to  the  proper  house  by  the  contesting 
party  within  ten  days  after  its  meeting,  if  the  disputed  election  was  held 
at  the  regular  November  election;  or  if  it  was  a  special  election  to  supply 
a  vacancy  during  the  session  of  the  General  Assembly,  within  thirty  days 
after  such  election.  (Code  1887,  §  155.) 


Virginia  Election  Laws  61 

Sec.  263.  New  election  in 'case  of  a  tie. — If  after  investigation  it  shall 
be  ascertained  by  the  house  in  which  the  contest  is  being  had,  that  an 
equal  number  of  legal  votes  were  given  for  the  petitioner  and  for  the 
member  returned,  the  election  shall  be  null  and  void,  and  a  writ  of  elec- 
tion ordered,  as  in  other  cases  of  vacancy.  (Code  1887,  §  156.) 

Sec.  254.  Contested  elections  of  Governor,  Lieutenant-Governor, 
Attorney-General,  Secretary  of  the  Commonwealth,  State  Treasurer, 
Superintendent  of  Public  Instruction,  and  the  Commissioner  of  Agricul- 
ture and  Immigration. — In  all  contested  elections  of  Governor,  Lieutenant- 
Governor,  Attorney-General,  Secretary  of  the  Commonwealth,  State 
Treasurer,  Superintendent,  of  Public  Instruction,  and  Commissioner  of 
Agriculture  and  Immigration,  notice  of  such  contest  shall  be  given  to  the 
party  whose  election  is  contested  within*  fifteen  days  after  the  declaration 
of  the  result  of  such  election  shall  have  been  officially  made,  and  a  counter 
notice  shall  be  given  to  the  contestant  within  ten  days  after  the  receipt  of 
the  notice  of  contest.  Depositions  shall  be  taken  and  certified  to  the  Clerk 
of  the  House  of  Delegates,  in  contest  for  Governor,  Lieutenant-Governor, 
Attorney-General,  Secretary  of  the  Commonwealth,  and  State  Treasurer, 
as  prescribed  in  contests  for  seats  in  the  General  Assembly,  and  in  contests 
for  the  office  of  Superintendent  of  Public  Instruction  and  Commissioner  of 
Agriculture  and  Immigration  the  depositions  shall  be  certified  to  the 
special  court  provided  for  in  section  two  hundred  and  sixty-six;  and  the 
witnesses  shall  be  summoned  and  entitled  to  like  allowances  and  privi- 
leges, and  be  subject  to  like  penalties  as  witnesses  summoned  to  attend 
the  circuit  or  corporation  courts.  (Code  1887,  §  157;  1902-3-4,  p.  582.) 

Sec.  265.  How  contest  determined  in  case  of  Governor,  Lieutenant- 
Governor,  Secretary  of  the  Commonwealth,  Treasurer,  and  Attorney-Gen- 
eral.— Contested  elections,  in  the  cases  of  Governor,  Lieutenant-Governor, 
Secretary  of  the  Commonwealth,  State  Treasurer,  and  Attorney-General, 
shall  be  determined  by  the  General  Assembly,  both  branches  thereof  sitting 
in  joint  session  in  the  hall  of  the  House  of  Delegates,  at  which  joint  ses- 
sion the  Speaker  of  the  House  of  Delegates-  shall  preside.  (Code  1887, 
§  158;  1902-3-4,  p.  583.) 

Sec.  266.  How,  in  case  of  Superintendent  of  Public  Instruction  and 
Commissioner  of  Agriculture  and  Immigration. — Contested  elections  for 
the  offices  of  Superintendent  of  Public  Instruction  and  Commissioner  of 
Agriculture  and  Immigration  shall  be  determined  by  a  special  court  com- 
posed of  three  circuit  judges  (selected  by  the  Governor),  upon  either  oral 
or  written  evidence,  taken  in  accordance  with  the  laws  prescribing  the 
mode  of  taking  and  receiving  testimony  in  courts  of  justice.  The  rules  of 
proceeding  shall  be  such  as  the  said  court  may  prescribe.  Notice  of  such 
contest  shall  be  delivered  to  the  Governor,  who  shall  issue  his  proclama- 
tion, convening  the  said  court  in  the  court  room  of  the  Supreme  Court  of 
Appeals,  in  the  city  of  Richmond,  at  such  time  as  he  may  appoint,  not  ex- 
ceeding ninety  days  after  the  date  of  such  notice.  Whereupon  it  shall  be 
the  duty  of  such  court  to  hear  and  determine  such  case  or  cases  of  con- 
tested election.  If  any  member  of  said  court  is  prevented  by  any  cause 
from  sitting,  his  place  shall  be  filled  by  selection  of  some  other  circuit 
judge  by  the  Governor.  (Code  1887,  §  159;  1902-3-4,  p.  583.) 

Sec.  267.  How  election  of  county,  corporation,  and  district  officers 
contested. — The  returns  of  elections  of  county,  corporation,  and  district 
officers  shall  be  subject  to  the  inquiry,  determination  and  judgment  of  the 
circuit  court  of  the  county  or  corporation  court  of  the  city  wherein  the 
election  was  held,  upon  the  complaint  of  fifteen  or  more  qualified  voters  of 
such  county,  corporation  or  district,  of  an  undue  election  or  false  return. 
If  the  objection  be  to  the  legality  of  the  election  or  eligibility  of  the  person 
receiving  the  certificate,  the  complaint  shall  so  state,  and  the  nature  of  the 
objection.  If  the  objection  be  on  the  ground  of  votes  received  or  rejected, 
the  complaint  shall  set  forth  a  list  of  such  as  were  improperly  received, 


62  Virginia  Election  Laws 

with  the  objections  to  each,  and  of  the  votes  improperly  rejected.  Two  of 
the  persons  making  the  complaint  shall  take  and  subscribe  an  oath  that  the 
facts  therein  stated  are  true  to  the  best  of  their  knowledge  and  belief.  The 
complaint  shall  be  filed  in  the  clerk's  office  of  the  circuit  court  of  the 
county  or  corporation  court  of  the  city,  and  a  copy  thereof  served,  as  a 
notice  is  served  within  fifteen  days  after  the  election,  on  the  person  whose 
election  is  contested,  otherwise  the  complaint  shall  not  be  valid.  Such  per- 
son shall,  within  ten  days  after  the  copy  is  served  on  him  as  aforesaid,  file 
in  the  clerk's  office  a  counter  complaint,  in  which  he  shall  set  forth  a  list 
of  all  the  votes  which  he  will  dispute,  with  the  objections  to  each,  and  of 
the  votes  improperly  rejected  which  he  will  claim,  and  a  statement  of  the 
objections,  if  any  he  has,  to  the  person  in  whose  behalf  the  contest  is 
made.  If  no  such  counter  complaint  be  filed  within  the  time  prescribed, 
the  person  whose  election  is  contested  shall  not  be  heard  to  assert  any 
claim  or  objection  which  is  herein  required  to  be  stated  in  such  counter 
complaint.  After  service  of  a  copy  of  the  complaint  as  aforesaid,  either 
party,  after  reasonable  notice  to  the  adverse  party,  shall  be  at  liberty  to 
take  depositions  to  sustain  or  invalidate  the  election  or  return,  and  unless 
good  cause  be  shown  for  a  continuance,  the  court,  at  the  next  term,  shall 
proceed  to  determine  the  contest  without  a  jury,  on  the  testimony  thus 
taken  and  upon  any  other  legal  testimony  that  may  be  adduced  by  either 
party.  In  judging  of  such  election  or  return,  the  court  shall  proceed  on 
the  merits  thereof  and  decide  the  same  according  to  the  Constitution  and 
laws.  When  the  contest  is  decided,  a  certificate  of  election  shall  be  granted 
to  the  successful  party,  unless  he  shall  have  already  received  one.  If, 
however,  the  court  shall  be  of  the  opinion  that  there  has  been  no  valid 
election  of  any  person,  the  proceedings  shall  be  in  conformity  with  sec- 
tion one  hundred  and  thirty-six.  (Code  1887,  §  160;  1902-3-4,  p.  583.) 

Sec.  268.  No  appeal. — No  petition  shall  be  presented  for  an  appeal 
from  or  writ  of  error  or  supersedeas  to  any  judgment  or  order  of  a  circuit 
or  corporation  court  under  the  preceding  section,  but  the  judgment  or 
order  of  said  court  shall  be  final.  (Code  1887,  §  161;  1902-3-4,  p.  584.) 


CHAPTER   186. 
Offenses   Against   the   Election   Laws. 

Sec.  Sec. 

4723.  Judge,    clerk,    etc.,    failing    to    attend  or  fraudulently  putting  ballot  in   box, 
election,   how   punished.  or,   etc.,   how   punished. 

4724.  Officer,    etc.,    neglecting    his    duty    in  4726     Non-residents     voting     at     election     in 
regard    to    election,    or    doing    it    cor-  *h.is.  State-   how  Punished. 

ruptly,    how    punished.  4727-   £™n*un^her|CeiVmg    bribe    f°r    V°te' 

4725.  Person    voting    unlawfully,    or    advis-        4728.   Wilfully    rejecting,    or    corruptly    reg- 
ing    another    to    do    so,    or    attempting  istering  a   voter,   how   punished. 

by    threats    or    bribe    to    influence    vote        4729.   Altering,    destroying,   etc.,    books,   etc., 
of   elector,   or   furnishing    false   ballot,  of    registration,    how    punished. 

Sec.  4723.    Judge,  clerk,  etc.,  failing  to  attend  election,  how  punished. 

— If  any  judge,  clerk  or  commissioner  of  election  fail  to  attend  at  the  time 
and  place  appointed  for  such  election,  or  to  perform  any  of  the  duties  im- 
posed on  him  by  law,  without  good  and  sufficien-t  reason,  he  shall  be  fined 
not  less  than  ten  nor  more  than  one  hundred  dollars.  (Code  1887,  §  3849.) 

Sec.  4724.  Officer,  etc.,  neglecting  his  duty  in  regard  to  election,  or 
doing  it  corruptly,  how  punished. — If  any  officer,  messenger,  or  other  per- 
son on  whom  any  duty  is  enjoined  by  law  relative  to  general,  primary  or 
special  elections,  be  guilty  of  any  wilful  neglect  of  such  duty,  or  any  cor- 


Virginia  Election  Laws  63 

rupt  conduct  in  the  execution  of  the  same,  he  shall  be  fined  not  exceeding 
five  hundred  dollars,  and  confined  in  jail  not  exceeding  one  year;  and  if 
any  officer  be  convicted  as  aforesaid,  he  shall  be  removed  from  office. 
(Code  1887,  §  3850.) 

Sec.  4725.  Person  voting  unlawfuly,  or  advising  another  to  do  so,  or 
attempting  by  threats  or  bribe  to  influence  vote  of  elector,  or  furnishing 
false  ballot,  or  fraudulently  putting  ballot  in  box,  or,  etc.,  how  punished. — 

If  any  person  knowingly  vote  in  any  election  district  in  which  he  does  not 
actually  reside,  or,  in  which  he  is  not  a  registered  voter;  or  vote  more  than 
once  at  the  same  election;  or  not  being  a  qualified  elector,  vote  at  any  elec- 
tion with  an  unlawful  intent;  or  procure,  aid,  assist,  counsel,  or  advise 
another  to  vote,  knowing  that  such  person  is  not  duly  qualified  to  vote  at 
the  place  where,  and  the  time  when,  the  vote  is  to  be  given;  or,  by  threat 
or  bribery,  attempt  to  influence  any  elector  in  giving  his  vote  or  ballot,  or, 
by  such  means,  attempt  to  deter  him  from  giving  his  vote  or  ballot;  or 
procure,  aid,  assist,  counsel,  or  advise  another  to  go  or  come  into  any 
county,  corporation,  or  election  district  for  the  purpose  of  illegally  giving 
his  vote  in  such  county,  corporation,  or  election  district,  knowing  that  such 
person  is  not  legally  qualified  to  vote  therein;  or  furnish  a  ballot  to  an 
elector,  who  cannot  read  the  language  in  which  such  ballot  is  printed  or 
written,  informing  him  that  it  contains  a  name  or  names  different  from 
those  which  are  written  or  printed  thereon,  with  an  intent  to  deceive  and 
induce  him  to  vote  contrary  to  his  inclination;  or  fraudulently  or  deceit- 
fully change  a  ballot  of  an  elector,  by  which  such  elector  is  prevented 
from  voting  for  such  candidate  or  candidates  as  he  intended;  or,  after 
proclamation  made  of  the  opening  of  the  polls  and  at  any  time  before  the 
vote  is  fully  canvassed,  fraudulently  put  a  ballot  or  ticket  in  the  box,  he 
shall  be  confined  in  jail  not  exceeding  one  year,  and  fined  not  exceeding 
one  thousand  dollars.  (Code  1887,  §  3851.) 

Sec.  4726.  Non-residents,  voting  at  election  in  this  State,  how  pun- 
ished.— If  any  person,  not  a  resident  of  this  State,  vote  at  any  election 
held  in  this  State,  he  shall  be  confined  in  the  penitentiary  not  less  than 
six  nor  more  than  twelve  months  and  fined  not  exceeding  five  hundred  dol- 
lars; or,  in  the  discretion  of  the  jury,  be  confined  in  jail  not  exceeding 
twelve  months  and  fined  not  exceeding  one  thousand  dollars.  (Code 
1887,  §  3852.) 

Sec.  4727.    Giving  or  receiving  bribe  for  vote,  how  punished. — If  any 

person,  directly  or  indirectly,  give  to  a  voter  in  any  election  any  money, 
goods,  or  chattels  under  an  agreement,  express  or  implied,  that  such  voter 
shall  give  his  vote  for  a  particular  candidate,  or  for  or  agafnst  any  ques- 
tion voted  on  at  any  such  election,  such  person  shall  be  fined  not  less  than 
one  hundred  dollars  nor  more  than  one  thousand  dollars,  or  confined  in 
jail  not  less  than  one  nor  more  than  twelve  months.  And  the  voter  re- 
ceiving such  money,  goods,  or  chattels,  in  pursuance  of  such  agreement, 
shall  be  punished  in  like  manner  with  the  person  giving  the  same.  (Code 
1887,  §  3853;  1902-3-4,  p.  880.) 

Sec.  4728.  Wilfully  rejecting,  or  corruptly  registering  a  voter,  how 
punished. — If  any  registrar  wilfully  or  maliciously  reject  from  registra- 
tion, or  corruptly  register  any  person,  contrary  to  law,  he  shall  be  deemed 
guilty  of  a  misdemeanor.  (Code  1887,  §  3854.) 

Sec.  4729.  Altering,  destroying,  etc.,  books,  etc.,  of  registration,  how 
punished. — If  any  officer  or  other  person  illegally  change,  alter,  amend,  or 
destroy  any  books  or  lists  of  registration,  he  shall  be  fined  not  less  than 
fifty  nor  more  than  one  hundred  dollars,  and  confined  in  jail  not  less  than 
three  nor  more  than  twelve  months.  (Code  1887,  §  3855.) 


64  Virginia  Election  Laws 

CERTAIN  SECTIONS  OF  THE  CODE  CONCERNING  ELECTIONS 
IN  CITIES  AND  TOWNS. 

Sec.  2994.  Election  of  mayor  and  councilmen  of  towns. — In  every 
town  there  shall  be  elected  every  two  years,  on  the  second  Tuesday  in  June, 
one  elector  of  the  said  town,  who  shall  be  denominated  the  mayor,  and 
lot  less  than  three  nor  more  than  nine  other  electors,  who  shall  be  de- 
nominated the  councilmen  of  said  town.  The  mayor  and  councilmen  shall 
constitute  the  council  of  said  town.  (Code  1887,  §  1021;  1902-3-4,  p. 
41.2;  1908,  p.  46.) 

Sec.  2995.  Appointment  of  registrars  and  judges  of  election. — The 
electoral  board  of  the  county  within  which  such  town;  or  the  greater  part 
thereof,  is  situated,  shall,  not  less  than  fifteen  days  before  any  town  elec- 
tion therein,  appoint  one  registrar  and  three  judges  of  election,  who  shall 
also  act  as  commissioners  of  election.  The  said  registrar  shall,  before  any 
election  in  said  town,  register  all  voters  who  are  residents  of  such  town, 
and  who  shall  have  previously  registered  as  voters  in  the  county,  or  either 
of  them,  in  which  said  town  is  situated,  and  none  others.  The  said  regis- 
trar shall  be  governed,  as  to  his  qualification  and  powers,  and  in  the  per- 
formance of  his  duties,  by  the  general  laws  of  this  Commonwealth,  so  far 
as  the  same  may  be  applicable.  (Code  1887,  §  1022;  1902-3-4,  pp.  68, 
412.) 

Sec.  2996.  Opening  of  polls,  etc.,  to  conform  to  general  laws. — Such 
list  of  registered  voters  shall  be  placed  by  the  registrar  in  the  hands  of  the 
judges  of  election,  who  shall,  at  the  time  and  in  the  manner  prescribed  by 
law,  open  a  poll  at  the  place  designated  by  the  proper  officer;  and  the 
manner  of  receiving  the  ballots  and  canvassing  the  vote  shall  conform  to 
the  general  law.  (Code  1887,  §  1023;  1902-3-4,  p.  412.) 

Sec.  2997.  Who  may  vote. — The  electors  of  a  town  shall  be  actual 
residents  thereof  and  qualified  to  vote  for  members  of  the  General  As- 
sembly. (Code  1887,  §  1024;  1902-3-4,  p.  412.) 

Sec.  2998.  Returns  of  elections. — The  election  shall  close  at  sunset 
of  the  day  thereof,  and  the  judges  shall  count  the  ballots  and  make  dupli- 
cate returns  of  the  result.  One  of  said  returns,  with  the  ballots  sealed  up, 
shall  be  returned  to  the  clerk's  office  of  the  court  of  the  county;  the  other 
shall  be  returned  to  the  council  and  recorded  in  the  record  book  of  said 
council.  (Code  1887,  §  1025;  1902-3-4,  p.^  412.) 

Sec.  2999.  Only  one  voting  place;  notice  of  election;  how  given. — 
There  shall  be  but  one  voting  place  in  each  town,  which  shall  be  fixed  by 
ordinance,  or,  if  there  be  no  such  ordinance,  then  by  the  judges  of  elec- 
tion. Of  the  time  and  place  of  such  election  five  days'  notice  shall  be 
given  by  the  sheriff  to  the  electors  of  the  town  by  causing  written  or 
printed  notices  to  be  postd  at  three  or  more  public  places  within  the  town, 
and  in  such  other  mode  as  he  may  deem  best.  (Code  1887,  §  1026; 
1902-3-4,  p.  412.) 

Sec.  3000.  Penalty  on  sheriff. — If  any  sheriff  fail  to  perform  any  duty 
required  of  him  by  the  preceding  section,  he  shall  forfeit  to  the  town  one 
hundred  dollars.  Any  proceeding  to  enforce  such  forfeiture  shall  be  com- 
menced within  one  year  after  the  same  was  incurred.  (Code  1887,  § 
1027;  1902-3-4,  p.  412.) 

Sec.  3001.  When  town  officers  to  qualify. — The  persons  so  elected 
shall  enter  upon  the  duties  of  their  office  on  the  first  day  of  September 
next  succeeding  their  election,  and  shall  continue  in  office  until  their  suc- 
cessors are  qualified.  (Code  1887,  §  1028;  1902-3-4,  p.  412.) 

Sec.  3003.  Council  of  town  to  judge  of  returns  of  members;  may 
punish  or  expel  members;  when  and  where  new  election  to  be  held;  how 
vacancies  filled. — The  council  of  a  town  shall  judge  of  the  election,  qualifi- 
cation, and  returns  of  its  members;  may  fine  them  for  disorderly  behavior, 
and,  with  the  concurrence  of  two-thirds,  expel  a  member.  If  any  person 
returned  be  adjudged  disqualified  or  be  expelled,  a  new  election  to  fill  the 
vacancy  shall  be  held  at  the  same  place,  on  such  day  as  the  council  may 
prescribe,  except  that  when  there  shall  be  vacancies  in  the  majority  of 


Virginia  Election  Laws  65 

the  council,  the  circuit  court  or  the  judge  thereof  in  vacation,  shall  fill  such 
vacancies.  Any  vacancy  occurring  otherwise  during  the  term  for  whicn 
any  of  the  said  persons  have  been  elected  may  be  filled  by  the  council  by 
the  appointment  of  any  one  eligible  to  such  office.  A  vacancy  in  the  office 
of  mayor  may  be  filled  by  the  council  from  the  electors  of  said  town. 
(Code  1887,  §  1030;  1902-3-4,  p.  412.) 

Sec.  3004.  Suspension  and  removal  of  other  town  officers. — The  coun- 
cil shall  have  power  to  suspend  and  concurrent  jurisdiction  with  the  circuit 
courts  to  remove  all  other  town  officers,  whether  they  be  elected  or  ap- 
pointed, for  misconduct  in  office  or  neglect  of  duty,  to  be  specified  in  the 
order  of  suspension  or  removal;  but  no  such  removal  shall  be  made  with- 
out reasonable  notice  to  the  officer  complained  of,  and  an  opportunity 
afforded  him  to  be  heard  in  his  defense.  (Code  1887,  §  1031;  1902-3-4, 
p.  412.) 

Sec.  3007.  Clerk  of  courts  of  cities. — In  each  city  which  has  a  court, 
in  whose  office  deeds  are  admitted  to  record,  there  shall  be  elected  for  a 
term  of  eight  years,  by  the  qualified  voters  of  such  city,  a  clerk  of  said 
court,  who  shall  perform  such  other  duties  as  may  be  required  by  law. 
There  shall  be  elected,  in  like  manner  and  for  a  like  term,  all  such  addi- 
tional clerks  of  courts  for  cities  as  may  be  authorized  by  law,  so  long  as 
such  courts  shall  continue  in  existence.  But  in  no  city  of  less  than  thirty 
thousand  inhabitants  shall  there  be  more  than  one  clerk  of  the  court,  who 
shall  be  clerk  of  all  the  courts  of  record  in  such  city.  (1902-3-4,  p.  412.) 

Sec.  3008.  Commonwealth's  attorneys  for  cities. — In  every  city,  SO 
long  as  it  has  a  corporation  court  or  a  separate  circuit  court,  there  shall 
be  elected,  for  a  term  of  four  years  by  the  qualified  voters  of  such  city,  one 
attorney  for  the  Commonwealth,  who  shall  also,  in  those  cities  having  a 
separate  circuit  court,  be  the  attorney  for  the  Commonwealth  for  such  cir- 
cuit court.  (1902-3-4,  p.  412.) 

Sec.  3012.  Mayors,  councils,  and  other  elective  officers  of  cities;  when 
elected;  when  their  terms  begin,  etc. — The  mayors  and  councils  of  cities 
shall  be  elected  on  the  second  Tuesday  in  June,  immediately  preceding  the 
expiration  of  the  terms  of  office  of  their  predecessors,  and  their  terms  of 
office  shall  begin  on  the  first  day  of  September  succeeding;  all  other  city 
officers  elected  by  the  electors  of  such  citres  shall  be  elected  on  the  Tues- 
day after  the  first  Monday  in  November,  and  their  terms  of  office  shall 
begin  on  the  first  day  of  January  succeeding,  except  that  the  terms  of  office 
of  clerks  of  city  courts  shall  begin  coincidently  with  those  of  the  judges 
of  their  said  courts.  (1902-3-4,  pp.  412,  889.) 

Sec.  3026.  Sergeants  of  cities  and  towns;  their  powers  and  duties. — 
In  every  city  and  town,  unless  otherwise  provided  by  its  charter,  there 
shall  be  elected  by  the  qualified  voters  thereof  one  sergeant.  The  term  of 
office  of  a  city  sergeant  shall  be  four  years  and  of  a  town  sergeant  two 
years,  and  their  duties  shall  be  as  prescribed  by  law.  Sergeants  of  towns 
shall  have  the  same  powers  and  discharge  the  same  duties  as  constables 
within  the  corporate  limits  of  the  said  towns,  and  to  a  distance  of  one  mile 
beyond  the  same.  (Code  1887,  §  1034;  1902-3-4,  p.  412.) 


ACT  EXTENDING  THE  RIGHT  OF  SUFFRAGE  TO  WOMEN. 

Section  1.  In  addition  to  the  male  persons  who  are  or  may  be  qualified  under  the 
Constitution  and  laws  of  the  Commonwealth  of  Virginia  to  vote  for  members  of  the  Gen- 
eral Assembly  and  all  officers  elective  by  the  people,  every  female  citizen  of  the  United 
States,  twenty-one  years  of  age,  who  has  been  a  resident  of  the  State  two  years,  of  the  county, 
city  or  town  one  year,  and  of  the  precinct  in  which  she  offers  to  vote  thirty  days  next 
preceding  the  election  in  which  she  offers  to  vote,  has  been  registered,  and  has  paid  her 
State  poll  taxes  as  hereinafter  required,  shall  be  entitled  to  vote  for  members  of  the 
General  Assembly  and  all  officers  elective  by  the  people ;  but  removal  from  one  precinct 
to  another  in  the  same  county,  city  or  town  shall  not  deprive  any  woman  of  her  right 
to  vote  in  the  precinct  from  which  she  has  moved,  until  the  expiration  of  thirty  days 
after  such  removal.  For  the  purpose  of  registering  and  voting,  the  residence  of  a  mar- 
ried woman  shall  not  be  controlled  by  the  residence  or  domicile  of  her  husband.  (1920, 
p.  588  ;  1922,  p.  462.) 


66  Virginia  Election  Laws 

Sec.  2.  After  this  act  shall  become  effective,  every  female  citizen  of  the  United  States, 
having  the  qualification  of  age  and  residence  required  by  the  preceding  section  of  this 
act,  shall  be  entitled  to  register,  provided: 

First.  If  she  offers  to  register  in  the  year  in  which  this  act  becomes  effective,  has 
personally  paid  to  the  proper  officer  one  dollar  and  fifty  cents  in  satisfaction  of  the  poll 
tax  assessed  or  assessable  against  her  for  the  next  succeeding  year  ;  or  if  she  offers  to 
register  in  the  year  succeeding  the  year  in  which  this  act  becomes  effective,  has  personally 
paid  the  State  poll  tax  assessed  or  assessable  against  her  for  that  year  ;  or  if  she  offers  to 
register  in  the  second-  year  succeeding  the  year  in  which  this  act  becomes  effective,  has  per- 
sonally paid  all  State  poll  taxes  assessed  or  assessable  against  her  for  the  preceding  year ; 
or  if  she  offers  to  register  in  the  third  year  succeeding  the  year  in  which  this  act  becomes 
effective,  has  personally  paid  the  State  poll  taxes  assessed  or  assessable  against  her  for 
the  two  years  next  preceding  the  year  in  which  she  offers  to  register  ;  or  if  she  offers  to 
register  in  the  fourth  year  succeeding  the  year  in  which  this  act  becomes  effective,  or  there- 
after, has  personally  paid  all  State  poll  taxes  assessed  or  assssable  against  her  under  this 
act  for  the  three  years  next  preceding  that  in  which  she  offers  to  register  ;  or  if  she  come 
of  age  at  such  time  that  no  poll  tax  shall  have  been  assessable  against  her  for  the  year 
preceding  the  year  in  which  she  offers  to  register,  has  personally  paid  one  dollar  and  fifty 
cents  in  satisfaction  of  the  first  year's  poll  tax  assessable  against  her  ;  and, 

Second.  That,  unless  physically  unable,  she  make  application  to  register  in  her  own 
handwriting,  without  aid,  suggestion  or  memorandum,  in  the  presence  of  the  registration 
officers,  stating  therein  her  name,  age,  date  and  place  of  birth,  residence  and  occupation 
at  the  time  and  for  two  years  next  preceding,  and  whether  she  has  previously  voted,  and, 
if  so,  the  State,  county,  and  precinct  in  which  she  voted  last ;  and, 

Third.  That  she  answer  on  oath  any  and  all  questions  affecting  her  qualifications  as 
an  elector,  submitted  to  her  by  the  officers  of  registration,  which  questions,  and  her  answers 
thereto,  shall  be  reduced  to  writing,  certified  by  the  said  officers,  and  preserved  as  a  part 
of  their  official  records.  (1920,  p.  588.) 

Sec.  3.  Any  person  registered  under  the  foregoing  provisions  of  this  act  shall  have 
the  right  to  vote  for  members  of  the  General  Assembly  and  all  officers  elective  by  the 
people,  subject  to  the  following  conditions : 

That  she  shall  as  a  prerequisite  to  the  right  to  vote  after  this  act  becomes  effective 
personally  pay  at  least  six  months  prior  to  the  election,  all  State  poll  taxes  assessed  or 
assessable  against  her  under  this  act  during  the  three  years  next  preceding  that  in  which 
she  offers  to  vote ;  provided  that  she  shall,  unless  physically  unable,  prepare  and  deposit 
her  ballot  without  aid,  on  such  printed  form  as  the  law  may  prescribe ;  and,  provided, 
further,  that  the  requirement  that  poll  taxes  shall  have  been  personally  paid  at  least  six 
months  prior  to  the  election  shall  not  apply  to  any  election  which  may  be  held  in  the 
year  in  which  this  act  becomes  effective,  for  which  year  no  poll  tax  is  levied,  but  the  pay- 
ment of  the  poll  tax  for  the  year  next  succeeding  the  year  in  which  this  act  becomes 
effective  at  any  time  before  thirty  days  next  preceding  such  election  held  in  the  year  in 
which  this  act  becomes  effective  shall- entitle  her  to  vote  in  such  election,  if  otherwise 
qualified. 

Sec.  4.  There  is  hereby  levied,  for  the  year  succeeding  the  year  in  which  this  act 
becomes  effective,  and  for  every  year  thereafter,  a  State  capitation  tax  of  one  dollar  and  fifty 
cents  on  every  female  resident  of  the  State  not  less  than  twenty-one  years  of  age,  one 
dollar  of  which  shall  be  applied  exclusively  in  aid  of  the  public  free  schools,  in  proportion 
to  the  school  population,  and  the  residue  shall  be  returned  and  paid  by  the  State  into  the 
treasury  of  the  county  or  city  in  which  it  was  collected  to  be  appropriated  by  the  proper 
county  or  city  authorities  to  such  county  or  city  purposes  as  they  shall  respectively  deter- 
mine ;  but  said  State  "capitation  tax  shall  not  be  a  lien  upon,  nor  collected  by  legal  process 
from,  the  personal  property  which  may  be  exempt  from  levy  or  distress  under  the  poor 
debtor's  law.  But  no  woman  shall  be  required  to  pay  more  ^than  one  State  poll  tax  for 
any  one  year,  and  any  statutory  provision  in  force  on  the  day 'this  act  takes  effect,  requir- 
ing the  payment  of  a  State  poll  tax  by  women  is  hereby  repealed. 

Sec.  5.  Each  registrar  shall  register  every  female  citizen  of  the  United  States  of 
his  election  district,  who  shall  apply  to  be  registered  under  the  provisions  of  this  act, 
and  who  is  entitled  to  be  registered  under  the  said  provisions,  but  no  woman  belonging 
to  any  of  the  classes  mentioned  in  section  twenty-three  of  the  Constitution  of  Virginia 
shall  be  permitted  to  register  or  vote,  and  section  ninety-three  of  the  Code  of  Virginia, 
so  far  as  applicable,  shall  be  complied  with.  Furthermore,  before  a  registrar  shall  register 
the  name  of  any  woman  as  a  voter  under  this  act,  he  shall  be  satisfied  of  her  qualifica- 
tions as  hereinbefore  prescribed,  and  every  woman  applying  for  registration  shall,  before 

she  is   registered,  take  and  subscribe  to  the   following   oath:     "I , 

do  solemnly  swear  (or  affirm)  that  I  am  entitled  to  register  under  the  act  of  Assembly  of 
Virginia,  extending  the  right  of  suffrage  to  women,  and  that  I  am  not  disqualified  from 
exercising  the  right  of  suffrage  by  the  said  act,"  which  oath,  so  subscribed,  shall  be  filed 
with  the  registrar  and  preserved  with  the  books  of  registration. 

Sec.  6.  All  the  provisions  of  law  in  any  way  concerning  elections,  in  so  far  as  the 
same  are  not  in  conflict  with  this  act,  shall  be  applicable  to  the  registration  and  voting 
of  women  in  like  manner  and  to  the  same  extent  as  they  are  now  applicable  to  the  registra- 
tion and  voting  of  men. 

Sec.  7.  All  acts  or  parts  of  acts  in  conflict  with  this  act  are  to  that  extent  hereby 
repealed. 


Virginia  Election  Laws  67 

Sec.  8.  This  act  shall  not  become  effective  until  a  proposed  amendment  to  the  Con- 
stitution of  the  United  States  extending  the  right  of  suffrage  to  women  shall  become  a 
part  of  the  Constitution  of  the  United  States  in  the  manner  prescribed  by  law,  if  such 
proposed  amendment  shall  not  become  a  part  of  the  said  Constitution  until  after  the  ex- 
piration of  ninety  days  from  the  adjournment  of  this  session  of  this  General  Assembly ; 
but  if  such  proposed  amendment  shall  become  a  part  of  the  said  Constitution  before  the 
expiration  of  said  ninety  days,  this  act  shall  take  effect  ninety  days  after  the  adjournment 
of  this  session  of  the  General  Assembly.  (1920,  p.  588.) 


ELECTION    OF    MEMBERS    OF    THE    STATE    CORPORATION 
COMMISSION. 

Chap.  55. — An  ACT  providing  for  the  election  of  the  members  of  the  State  Corporation 
Commission  by  the  qualified  voters  of  the  State  and  providing  for  their  terms  and 
commission.  Approved  February  16,  1918. 

Whereas,  the  Constitution  of  Virginia,  section  one  hundred  and  fifty-five,  provides 
that  "After  the  first  day  of  January,  nineteen  hundred  and  eight,  the  General  Assembly 
may  provide  for  the  election  of  the  members  of  the  commission  by  the  qualified  voters 
of  the  State' ' ;  therefore : 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  at  the  general  election,  to 
be    held    in    the   month    of    November,    nineteen    hundred    and    nineteen,    and    at    the    general 
election    to    be    held    in    the    month    of    November    in    each    alternate    year    thereafter,    there 
shall   be  elected   by  the   qualified   voters   of  the   State  a   citizen   of   this    State,   possessing   the 
qualifications  prescribed  by  Constitution   and  by  law,  to  be  a  member  of  the  State  Corpora- 
tion   Commission    (which    shall    be    composed   of   three   members),    and    whose    term    of    office 
shall  be   that  prescribed   by   the   Constitution,   and   shall   begin   on   the   first   day   of   February 
next  succeeding  his   election,  except  in  the  case  of  an  appointee  to  fill  a  vacancy,   in  which 
case  the  term  of  office  of  any  such  appointee  shall  begin  from  the  date  of  his  qualification. 
When   a  vacancy  shall  occur   after  the  passage  of  this   act,   the   same   shall   be  filled   by   ap- 
pointment  by   the   Governor,   as   provided   in   section   one   hundred   and   fifty-five   of   the    Con- 
stitution, until  the  expiration  of  twenty  days   after  the  next  general  election  held  not  less 
than  sixty  days   after   the  vacancy  occurs,   at  which   election   the  vacancy   shall   be  filled   for 
the    residue    of    the    unexpired    term.      The    members    of    the    State    Corporation    Commission 
now  in  office,   and  the  appointee  of  the   Governor,   whose  term   of   office   begins   on   the   first 
day  of  February,   nineteen   hundred   and   eighteen,   and   those   hereafter   to   be  elected   or   ap- 
pointed, shall   hold   office   for   the   respective   terms   for   which   they   have  been,   or   may   here- 
after   be,    chosen    and    until    their    respective    successors    in    office    have    been    appointed    or 
elected    and    qualified,    unless    they    shall    sooner    be    removed    from    office    as    prescribed  "by 
the   Constitution   or   by   law.      The   Governor   shall   commission   each   of   the   members    of   the 
State   Corporation   Commission,   who   may   be  appointed   or  elected,   as   the  case   may   be,   and 
said   commission   shall   be  filed   in   the  office   of   the   clerk   of   the   State    Corporation    Commis- 
sion. 

2.  The  votes   cast  at  elections   for  members   of  the   State   Corporation   Commission   shall 
be   counted   and  returns  made  to  the   various   clerks   of  the   counties   and   cities   of   the   Com- 
monwealth, as  provided  by  law   for  other   State  officers,   and  shall   be  canvassed   by   commis- 
sioners  of   election,   certified   to   the   Secretary   of   the   Commonwealth,   and   canvassed   by   the 
Board   of   State   Canvassers,   as   the   law   directs   the   votes    for   Superintendent   of    Public   In- 
struction and  the  Commissioner  of  Agriculture  and   Immigration   to  be  canvassed  and  certi- 
fied.     In  case   the  election  of   a   member   of   the   State   Corporation    Commission   is   contested, 
the   same   shall   be   instituted   and   proceeded   with   and   determined   by   the   General   Assembly 
in  same  manner  as  is  provided  for  contests   for  the  office  of  Governor,  Lieutenant-Governor, 
Secretary    of   the    Commonwealth,    State    Treasurer    and    Attorney-General. 

3.  That  all  acts  and  parts  of  acts   in   conflict  with   this   act   be,   and  they   are  hereby, 
repealed.      (Acts   1918,  p.    108.) 


Chap.  111. — An  ACT  to  provide  for  the  registration  of  voters  in  cities  having  a  popula- 
tion of  fifty  thousand  or  more ;  and  to  repeal  an  act  entitled  an  act  to  provide  for 
the  registration  of  voters  in  cities  having  a  population  of  one  hundred  thousand  or 
more,  approved  March  20,  1920.  Approved  March  2,  1922. 

1.  Be  it  enacted  by  the  General  Assembly  of  Virginia,  That  the  electoral  board  of 
each  city  having  a  population  of  fifty  thousand  or  more  may,  in  its  discretion,  prior  to 
the  first  day  of  April,  nineteen  hundred  and  twenty-three,  and  every  alternate  year 
thereafter,  appoint  a  general  registrar  for  such  city,  who  shall  be  a  discreet  citizen  and 
resident  of  the  city  for  which  he  is  appointed,  and  such  registrar  shall  not  hold  any 
other  office,  by  election  or  appointments,  during  his  term.  Said  registrar  shall  hold  office 
for  two  years  from  the  first  day  of  May  following  his  appointment,  and  until  his  ruc- 
cessor  is  duly  qualified,  except  as  provided  in  section  six  of  this  act.  The  appointment  of 
such  general  registrar  shall  be  in  addition  to  the  office  of  registrar  in  each  election  dis- 


68  Virginia  Election  Laws 

trict  in  such  city  now  provided  for  by  law,  except  that  in  cities  of  more  than  fifty  thou- 
sand and  less  than  sixty  thousand  inhabitants  the  appointment  of  such  general  registrar 
shall  automatically  abolish  the  office  of  registrar  in  each  election  district  in  such  city 
now  provided  for  by  law ;  but  each  of  such  registrars,  upon  the  appointment  of  the  gen- 
eral registrar  provided  for  in  this  act  shall  deliver  to  said  registrar  all  books,  papers,  and 
documents  pertaining  to  their  respective  offices. 

2.  Such    general    registrar,    subject    to    the    approval    of    the    electoral    board,    may    ap- 
point such  assistants   as   may   be   necessary   for   the   performance   of   the   duties   of   his   office, 
and    said    assistants    are   hereby    authorized    to    do    all    things    necessary    for    the    registration 
of    qualified    voters,    and    their    compensation    shall    be    fixed    and    paid    as    the    compensation 
and   salaries   of   other   city   officers   are  fixed   and   paid. 

3.  Tt  shall  be  the  duty  of  said  general  registrar  to  maintain   in  the  city  hall,  or  other 
municipal   building,   of   the   city   for   which   he   is    appointed,   an   office   wherein    all    qualified 
voters   of  such  city  may   be  registered. 

4.  Such    general    registrar    shall    keep    separate    registration    books    for    each    election 
district    in    said    city,    and,    except    as    otherwise    provided    in    this    act,    perform    all    of    the 
duties   now   required   by   law   to   be   performed   by   the   registrars   of   the   election   districts   of 
said  city. 

5.  The   city   for   which   he   is    appointed    shall    furnish   the   general    registrar    a    suitable 
office   in   the   city  hall,  or  other  municipal   building,   of   said   city.      All   fees   collected   by   the 
general   registrar,    or    any   of   his    assistants,   shall    be   paid    into   the   city   treasury,    and   the 
council    of    the    city    shall    allow    said    general    registrar    an    annual    salary    for    performing 
the  duties  required  of  him. 

6.  If  any  electoral   board  shall   appoint   a   general   registrar   in   pursuance   of   this   act, 
it   may,    at   the    expiration    of   the   term    of   any    such    general    registrar,    abolish    such    office 
by    declining    to    appoint    a    successor    and    giving    notice    of    such    intention    to    the    incum- 
bent, if  any,  in   which  event  the  preceding   sections   of  this   act  shall   cease  to   be  operative 
in    such    city,    and   the    registration    of    voters    in    such    city    thereafter    shall    in    all    respects 
conform    to   the   general    law    (other   than    this   act)    then    in    force. 

7.  An  act  entitled  an  act  to  provide  for  the  registration  of  voters   in   cities   having  a 
population    of    one    hundred    thousand    or    more,    approved    March    twentieth,    nineteen    hun- 
dred and  twenty,  is  hereby  repealed.      (1922,  p.   184.) 


Chap.   51. — An   ACT   providing   for   the  use   of  voting   machines    in   cities   of   fifty   thousand 
inhabitants    or    more.      Approved    February    25,     1922. 

Be   it   enacted   by   the   General    Assembly   of   Virginia,   as   follows: 

1.  Councils    of    certain    cities    may    purchase    and    order    use    of    voting    machines. — The 

council  of  any  city  in  this  State,  having,  according  to  the  last  decennial  United  States 
census,  a  population  of  fifty  thousand  inhabitants  or  more  may  purchase  and  order  the  use 
of  voting  machines  in  any  one  or  more  voting  precincts  within  said  city. 

2.  Bonds — Certificates  of  indebtedness. — The  city  council,  on  the  adoption  and  purchase 
of   a   voting   machine,   may    provide    for   the   payment    therefor    in    such    manner    as    it   may 
deem   for  the  best   interest  of  such   city,   and  may  for  that  purpose   issue   bonds,   certificates 
of    indebtedness,    or   other    obligations,    which    shall    be   a    charge   on    the    city.      Such    bonds, 
certificates    or   other   obligations    may    be    issued    with    or    without    interest,    payable   at    such 
time  or  times  as   the  council  may   determine,   but   shall   not  be  issued  or   sold   at  less   than 
par. 

3.  Commissioners. — The  Board  of  State  Canvassers  shall,  ex-officio,  be  the  State  Board 
of   Voting   Machine   Commissioners. 

4.  Examination  of   machine — Report   of    commissioners — Compensation. — Any   person    or 
corporation    owning   or    being    interested    in    any    voting    machine   may    call    upon    the    State 
Board   of   Voting    Machine    Commissioners    to    examine   the   said   machine,    and   make   report 
to  the   Secretary   of   the   Commonwealth   upon   the   capacity   of   the   said   machine   to   register 
the  will  of  the  voters,   its  accuracy  and  efficiency,   and  with   respect   to   its   mechanical   per- 
fections   and    imperfections.      Their    report   shall    be    filed    in    the    office   of    the    Secretary   of 
the  Commonwealth  and   shall  state  whether   in  their  opinion  the  kind  of  machine  so   exam- 
ined   can    be    safely    used    by   such    voters    at    elections    under    the    conditions    prescribed    in 
this    act.      If   the    report    states    that   the   machine    can    be   so    used,    it    shall    be   deemed    ap- 
proved by  the  said  board,  and  machines  of  its  kind  may  be  adopted  for  use  at  elections  -as 
herein  provided.     No  form  of  voting  machine  not  so  approved  may  be  used  at  any  election. 
The  State  Board  of  Voting  Machine  Commissioners  is  authorized  to  employ  such  experts  as 
it  may  deem   necessary  to   assist   in   the  examination  of   a  machine   at   a   cost  not  exceeding 
fifty  dollars  for  each  examination,  the  said  cost  to  be  borne  by  the  person  or  corporation 
applying  for  such  examination. 

5.  Construction   of  machine  approved.— A  voting  machine  approved  by  the  State  Board 
of  Voting  Machine  Commissioners  must  be  so  constructed  as  to  provide  a  sufficient   number 
of  pairs   of   "yes"   or   "no"   counters   with   the   operating   or   voting   devices   therefor,   and   to 


Virginia  Election  Laws  69 

provide  facilities  for  voting  for  the  candidates  of  at  least  seven  different  parties  or  or- 
ganizations, must  permit  a  voter  to  vote  for  any  person  for  any  office  although  not  nomi- 
nated as  a  candidate  by  any  party  or  organization,  and  must  permit  voting  in  absolute 
secrecy.  It  must  also  be  so  constructed  as  to  prevent  voting  for  more  than  one  person 
for  the  same  office,  except  where  the  voter  is  lawfully  entitled  to  vote  for  more  than  one 
person  for  that  office  ;  and  it  must  afford  him  an  opportunity  to  vote  for  any  or  all  per- 
sons for  that  office  as  he  is  by  law  entitled  to  vote  for  and  no  more,  at  the  same  time 
preventing  his  voting  for  the  same  person  twice.  It  may  also  be  provided  with  one  ballot 
in  each  party  column  or  row  containing  only  the  words  "presidential  electors,"  preceded 
by  the  party  name,  and  a  vote  for  such  ballots  shall  operate  as  a  vote  for  all  the  candi- 
dates of  such  party  for  presidential  electors.  Such  machine  shall  be  so  constructed  as  to 
accurately  account  for  every  vote  cast  upon  it.  It  shall  also  be  constructed  so  that  any 
voter  may  readily  understand  and  understandingly  and  within  the  period  of  one  minute 
cast  his  vote  for  all  candidates  of  his  choice.  The  machine  must  be  provided  with  a  lock 
or  locks  by  the  use  of  which  any  movement  of  the  voting  or  registering  mechanism  is 
absolutely  prevented,  and  so  that  it  cannot  be  tampered  with  or  manipulated  for  any  fraudu- 
lent purpose ;  and  the  machine  must  be  susceptible  of  being  so  closed  during  the  progress 
of  the  voting  as  that  no  person  can  see  or  know  the  number  of  votes  registered  for  any 
candidate. 

6.  Experimental  use. — The  council  of  any  such  city  may  provide  for  the  experimental 
use  at  any  election  in  one  or  more  election  districts,  of  a  machine  which  it  might  lawfully 
adopt,  without-  a   formal   adoption   thereof ;   and    its   use   at   such   election    shall   be   as   valid 
for  all  purposes  as  if  it  had  been  lawfully  adopted. 

7.  Duties  of  local  authorities. — The  electoral  board  of  any  city  adopting  a  voting  ma- 
chine shall,  as  soon  as  practicable  thereafter,  provide   for   each   polling   place  one  or  more 
voting  machines   in   complete  working  order,   and   shall  thereafter   keep   them   in   repair,   and 
shall    have   the    custody    thereof    and    of    the    furniture   and    equipment    of    the   polling    place 
when    not   in   use   at   an    election.      If    it    shall    be    impracticable   to    supply    each    and   every 
election  district  with  a  voting  machine  or  voting  machines   at  any  election   following  such 
adoption,  as  many  may  be  supplied  as   it   is   practicable  to  procure,  and  the  same  may   be 
used  in  such  election  district  or  districts  within  the  city  as  the  council  adopting  the  same 
may  direct. 

8.  Ballots — Form. — In   any    city    authorizing   the   use   of   voting   machines   the   electoral 
board  thereof  shall  furnish  to  the  judges  of  election  of  the  several  precincts  in  which  such 
voting  machines  are  to  be  used  a  sufficient  number  of  suitable  ballots  of  such  size  as  will 
fit  the  ballot  frame,  the  arrangement  of  the  names  of  the  candidates  on  such  ballots  to  be 
prescribed    by    the    said   electoral    board ;    provided,    that    all    the   provisions    of    sections    one 
hundred    and    fifty-five,    one    hundred    and    fifty -six,    one    hundred    and    fifty-seven,    and    one 
hundred   and   fifty-eight   of   the   Code   of   Virginia   not   in   conflict   herewith   shall   remain    in 
full  force  and  effect. 

9.  Sample    ballots. — The    electoral    board    shall    provide    for    each    voting    precinct    two 
sample  ballots,  which  shall  be  arranged  in  the  form  of  a  diagram  showing  the  entire  front 
of   the   voting   machine   as   it   will   appear   after   the   official    ballots   are   arranged   for   voting 
on   election   day.      Such   sample    ballots   shall   be    open   to   public    inspection    at   such    polling 
place  during  the  day  of  election. 

10.  Duties  of  election   officers — Independent  ballots. — The   judges   of  election   and  clerks 
of    each    district    shall    meet    at    the    voting    place    therein,    at    least    three-quarters    of    an 
hour   before  the  time  set  for  the   opening   of  the  polls   at  each  election,   and   shall  proceed 
to    arrange    within    the    guard    rail    the    furniture,    stationery    and    voting    machines    for    the 
conduct  of  the   election.      The   judges   of   election   shall   then   and   there   have   the   voting   ma- 
chines, ballots  and  stationery  required  to  be  delivered  to  them  for  such  election.     The  judges 
shall  thereupon   cause   at   least   two   instruction   cards   to   be   posted   conspicuously   within   the 
polling    place.      If    not    previously    done,    they    shall    arrange,    in    their    proper    place    on    the 
voting   machine,  the   ballots   containing   the   names    of   the   offices   to   be   filled   at   such   elec- 
tion,   and    the    names    of    the    candidates    nominated    therefor.      If    not    previously    done,    the 
machine  shall   be   so   arranged   as   to   show   that   no   vote   has   been   cast,   and   the   same  shall 
not    be    thereafter    operated,    except    by    electors    in    voting.      Before    the   polls    are    open    for 
election,   each  judge   shall   carefully  examine  every  machine,   and  see   that   no   vote   has   been 
cast,    and   the   same    shall    be   subject    to    inspection    of    the   election    officers.      Ballots    voted 
for    any   person,    whose    name    does    not    appear    on    the    machine    as    a    nominated    candidate 
for  office,  are  herein  referred  to  as   independent  ballots.     When  two  or  more  persons  are  to 
be  elected  to  the  same  office,   and  the  machine   requires   that   all   independent   ballots   voted 
for  that  office  be  deposited   in   a  single   receptacle  or   device,   an   elector   may   vote   in   or   by 
such   receptacle   or   device   for   one  or   more  persons   whose   names   do   not   appear   upon   the 
machine  with   or   without  the   names   of   one  or   more  persons   whose   names   do   so   appear. 
With    that    exception,    and   except    for    presidential    electors,    no    independent    ballot    shall    be 
voted   for   any   person   for  any   office   whose   name   appears    on   the   machine   as    a    nominated 
candidate   for   that  office ;   any   independent   ballot   so   voted   shall   not   be   counted.      An   inde- 
pendent  ballot  must   be  cast  in   its   appropriate  place  on   the  machine,  or   it   shall    be   void 
and  not  counted. 

11.  Voting  machine  in  plain  view — Guard  rail. — The  exterior  of  the  voting  machine  and 
every  part  of  the  polling  place  shall  be  in  plain  view  of  the  election   officers.     The  voting 
machine  shall   be  placed   at   least  three   feet   from   every   wall    and   partition   of   the   polling 
place,  and  at  least  three  feet  from  the  guard  rail,  and  at  least  four  feet  from  the  clerk's 
table.     A  guard  rail  shall  be  constructed  at  least  three  feet  from  the  machine,  with  open- 
ings to  admit  electors  to  and  from  the  machine. 


70  Virginia  Election  Laws 

12.  Method  of  voting.— After  the  opening  of  the  polls,  the   judges   shall  not  allow  any 
voter   to   pass   within   the   guard   rail   until   they   ascertain    that   he   is   duly   entitled   to   vote. 
Only   one  voter   at  a   time   shall   be   permitted   to   pass   within   the   guard   rail   to   vote.      The 
operating   of   the   voting   machine   by   the   elector   while   voting   shall   be   secret   and   obscured 
from   all   other   persons    except   as    provided   by   this    chapter    in    cases    of   voting   by   assisted 
electors.     No  voter  shall  remain   within   the   voting  machine   booth   longer   than   one  minute, 
and   if   he   shall   refuse  to   leave   it   after   the   lapse   of   one   minute,   he   shall   be   removed   by 
the  judges. 

13.  Additional  instructions. — In  case  any  elector,  after  entering  the  voting  machine  booth 
shall   ask   for   further   instructions   concerning   the   manner   of   voting,   two   judges   shall   give 
such    instructions    to    him  ;    but    no    judge    or    other    election    officer    or    person    assisting    an 
elector  shall  in  any  manner  request,  suggest,  or  to  seek  to  persuade  or  induce  any  such  elector 
to  vote  any  particular  ticket,   or   for   any   particular   candidate,   or   for   or   against   any   par- 
ticular amendment,  question,  or  proposition.     After  receiving  such   instructions,  such  elector 
shall   vote   as   in   the   case   of   an    unassisted   voter. 

14.  Injury   to   machine. — No'  voter,   or   other   person,   shall   deface   or   injure   the   voting 
machine  or  the  ballot  thereon.     It  shall  be  the  duty  of  the  judges  to  enforce  the  provisions 
of   this    section.      During    the   entire   period    of    an    election,    at    least    one   of    their    number, 
designated  by  them   from   time  to  time,   shall   be  stationed   beside  the  entrance  to   the   booth 
and    shall    see   that    it    is    properly    closed    after    a    voter    has    entered    it    to    vote.      He    shall 
also,  at  such  intervals   as   he   may  deem   proper   or   necessary,   examine   the   face   of   the  ma- 
chine  to   ascertain    whether    it    has    been    defaced,   or    injured,    to    detect   the    wrongdoer    and 
to    repair    any    injury. 

15.  Canvass   of   vote. — As   soon   as    the  polls   of   the   election   are   closed,   the   judges    of 
the   election    thereat    shall    immediately    lock    the    voting    machine    against    voting    and    open 
the    counting    compartments    in    the    presence    of    all    persons    who    may    be    lawfully    within 
the   polling   place,   and   proceed   to    canvass   the   vote. 

16.  Judges    to    lock    machine. — The    judges    of    election    shall,    as    soon    as    the    count    is 
completed    and    fully    ascertained    as    in    this    chapter    required,    lock    the    machine    against 
voting,   and   it   shall   so   remain    for   the   period   of   five   days. 

17.  Written   statements   of   election. — After   the   total   vote   for   each   candidate   has   been 
ascertained,   and   before   leaving  the   room   or   voting   place,   the   judges    shall   make   and   sign 
written   statements   of  election,   as   required   by   the  election   laws   now   in   force,   except   that 
such  statements  of  the  canvass  need   not  contain  any  ballots  except  the  independent   ballots 
as  herein  provided. 

18.  What   statutes   apply — Separate   ballots. — All    of   the   provisions   of   the   election    law 
now    in    force    and    not    inconsistent   with    the    provisions    of    this    chapter    shall    apply    with 
full  force  to  all  cities  adopting  the  use  of  the  voting  machines.     Nothing  in  this  chapter  rhall 
be    construed    as    prohibiting    the    use    of    a    separate    ballot    for    constitutional    amendments 
and  other  public  measures. 

19.  Primary  elections. — If  in   any  city   voting  machines  shall   have  been   adopted   under 
the   laws   of   this   State,  and   shall   be   on   hand   for   use  at   regular   or   special   elections,   i  uch 
machines    may    be    used    at   primary    elections    in    such    city.      When    so    used    all    provisions 
of   the    laws    of   this    State   providing    for    or    applying    to    their    use    at    general    or    special 
elections    not    inconsistent   with    the    provisions    of   this    act,    and    all    provisions    of    this    act 
as    far    as    applicable,    shall    apply    to    the    use    of    such    voting    machines    at    such    primary 
elections. 


THE   PRIMARY   PLAN   OF   THE   DEMOCRATIC   PARTY   ADOPTED 
FEBRUARY   13,    1913. 

Who   May   Vote. 

All  white  persons  qualified  to  vote  at  the  election  for  which  the  primary  is  held  may 
vote  at  the  primary  ;  provided,  however,  that  no  person  shall  be  permitted  to  vote  unless  at 
the  last  next  preceding  general  election  he  voted  for  the  presidential  electors  of  the  Demo- 
cratic party,  or  for  the  nominee  of  the  House  of  Representatives  of  the  party,  or  the 
nominee  for  Governor,  or  the  nominee  for  House  of  Delegates  ;  provided,  further,  that  if  he 
did  not  vote  at  such  general  election,  then  upon  his  declaration  that  he  will  support  at  the 
ensuing  election  the  nominee  of  the  party,  he  shall  be  allowed  to  vote. 

United   States    Senatorial   Primaries    and   State    Elective   Officers. 

The  primary  for  the  nomination  of  United  States  Senators  and  all  State  elective 
officers  shall  be  held  at  such  time  as  the  State  Central  Committee  may  determine,  of  which 
at  least  ninety  days'  public  notice  shall  be  given. 

Declaration    of    Candidacy. 

The  name  of  no  candidate  shall  be  printed  upon  any  official  ballot  used  at  any  primary 
election,  unless  such  person  is  legally  qualified  to  hold  the  office  for  which  he  is  a  candi- 


Virginia  Election  Laws  71 

date,  and  unless  at  least  sixty  days  before  the  primary  he  makes  and  files  a  written  declara- 
tion of  candidacy  and  has  paid  the  fee  required  on  or  before  the  day  upon  which  he  has 
been  required  to  file  his  declaration  of  candidacy  by  the  State  committee  and  has  complied 
with  the  rules  and  regulations  of  the  party. 

The  county  and  city  committees  shall  select  and  appoint  three  judges,  one  of  whom 
shall  act  as  clerk,  to  hold  and  conduct  the  election  at  each  voting  place,  who  shall  can- 
vass the  returns,  tabulate,  certify  and  seal  them,  and  within  two  days  after  the  election 
shall  deliver  the  returns  to  the  county  or  city  chairman,  who  in  turn  with  the  city  or 
county  committee  shall  within  five  days  after  the  receipt  of  such  returns  canvass  the 
same  and  certify  the  result  as  the  act  to  establish  and  holding  of  primary  elections,  ap- 
proved March  14,  1912,  requires. 

Poll  books  used  at  the  various  precincts  throughout  the  State  shall,  after  the  vote  has 
been  properly  canvassed  and  counted,  and  the  certificate  of  the  returns  made  out  and 
signed,  be  securely  sealed  and  returned  along  with  the  said  certificate  to  the  respective 
county  and  city  committees,  which  committees  are  required  to  preserve  and  safely  keep 
said  poll  books,  subject  to  the  inspection,  control  and  disposition  of  the  State  Central 
Committee  for  a  period  of  at  least  twelve  months. 

If  only  one  person  shall  announce  his  candidacy  in  accordance  with  the  foregoing  pro- 
vision, the  chairman  shall  make  known  that  fact,  and  declare  the  said  person  the  nominee, 
and  give  notice  that  no  one  will  be  voted  for  for  that  office. 

Representatives    in    Congress. 

Congressional  primary  elections  shall  be  held  under  the  direction  of  the  respective  dis- 
trict committees.  Each  district  committee  will  decide  upon  what  date  the  primary  election 
will  be  held  throughout  the  congressional  district ;  but  will  leave  to  the  respective  county 
and  city  committees  the  selection  and  appointment  of  the  judges  and  clerks,  who  shall  con- 
duct the  election,  and  who  shall,  within  two  days  after  the  election,  certify  the  returns  to 
the  county  or  city  chairman,  who,  in  turn,  with  the  city  or  county  committee  shall,  within 
five  days  after  their  receipt,  canvass  the  returns,  tabulate  and  seal  them  and  certify  the 
result  to  the  chairman  of  the  district  committee.  The  chairman  of  the  district  committee 
shall  call  the  same  together  within  ten  days  after  said  primary  election,  and  power  is 
given  the  committee  to  adjourn  from  time  to  time  until  all  the  returns  are  in  and  can- 
vassed, when  the  committee  shall  declare  the  result  of  the  election.  The  poll  books  shall 
be '  returned,  as  heretofore  provided,  and  shall  be  subject,  for  at  least  twelve  months,  to 
the  inspection  and  control  of  the  district  committee. 

The  said  district  committee  shall  give  at  least  ninety  days'  public  notice  in  the  Demo- 
cratic papers  of  the  district,  of  the  time  at  which  said  primary  is  to  be  held,  which  notice 
shall  require  all  persons  who  desire  to  be  candidates  to  give  notice  thereof,  in  writing,  to 
the  chairman  of  the  district  committee  on  or  before  a  day  named,  which  day  shall  not 
be  less  than  sixty  days  before  said  primary  is  to  be  held,  and  only  such  persons  as  shall 
comply  with  said  condition  shall  be  voted  for  at  said  primary  election.  If  only  one  person 
shall  comply  with  this  requirement,  the  district  committee  shall  meet  and  announce  that 
fact,  and  declare  the  said  person  the  nominee,  and  give  notice  that  the  primary  election 
will  not  be  held.  The  district  committee  shall  decide  all  contests,  subject  to  an  appeal  to 
the  State  Central  Committee.  But  nothing  herein  contained  shall  be  taken  to  limit  the 
right  given  the  said  district  committee  to  prescribe  the  method  of  making  nominations  as 
provided  in  the  act  approved  March  14,  1912,  entitled  an  act  to  establish  and  regulate  the 
holding  of  primary  elections. 

State   Senatorial   Primaries. 

State  senatorial  primary  elections  shall  be  held  under  the  direction  of  the  chairmen 
of  the  counties  and  cities  comprising  the  several  senatorial  districts  throughout  the  State, 
except  where  a  single  county  or  city  shall  comprise  a  senatorial  district,  in  which  r-ase 
the  said  primary  election  for  such  district  shall  be  held  under  the  direction  of  the  com- 
mittee for  said  county  or  city. 

The  said  chairmen,  or  committee,  shall  decide  upon  what  date  the  primary  election 
is  to  be  held  throughout  the  senatorial  district.  Wherever  there  is  a  tie  or  failure  to  act 
in  a  State  senatorial  district  committee  the  State  chairman  shall  act  with  paid  committee, 
leaving  to  the  respective  county  and  city  committees  the  appointment  of  judges  and  clerks 
to  conduct  the  election,  which  judges  shall,  within  two  days  after  the  said  primary  elec- 
tion, certify  the  returns  to  the  respective  county  and  city  chairmen,  or  to  the  city  or  county 
committee,  where  a  single  county  or  city  shall  comprise  a  senatorial  district,  who,  in  turn, 
shall,  within  five  days  after  said  election  meet  ;  but  mav  adjourn  from  time  to  time  until 
all  the  returns  are  in,  and  canvass  and  declare  the  result  of  the  election.  The  poll  books 
shall  be  sealed,  returned,  and  preserved  as  heretofore  provided,  and  shall  be  subject  to 
the  inspection,  control,  and  disposition  of  the  district  committee  or  committees  having 
jurisdiction.  Said  chairmen  or  committee,  as  the  ra=e  maye  be.  shall  give  at  lan=t  ninety 
days'  public  notice  in  Democratic  papers  of  the  district  of  the  time  at  which  said  primary 
shall  be  held,  and  shall  reouire  all  persons  who  desire  to  become  candidates  to  give  notice 
thereof,  in  writing,  sixty  davs  prior  to  said  primary,  to  the  chairman  of  the  counties  and 
cities  composing  the  senatorial  district.  Should  there  be  no  Democratic  paper  published  in 
the  senatorial  district,  then  the  notice  herein  required  to  be  given,  shall  be  published  in 
any  two  Democratic  papers  which  the  chairmen  of  the  respective  counties  and  cities  may 
select  and  by  posting  notices  of  said  election  in  every  voting  precinct  in  the  district. 

If  only  one  person  shall  oomnlv  with  the  requirement,  the  chairmen  of  the  counties 
and  cities  composing  a  senatorial  district  shall  meet  and  announce  that  fact,  except  where 
a  single  county  or  city  shall  comprise  a  senatorial  district,  in  which  case  the  county  or 
city  committee  shall  meet  and  announce  t>>at  fact,  and  declare  the  said  person  the  nominee, 
and  give  notice  that  the  said  primary  will  not  be  held.  The  chairmen  of  the  counties  and 
cities  comprising  a  district  shall  decide  all  contests  in  the  presence  of  the  candidates,  or  in 
the  presence  of  a  representative  chosen  by  each  candidate  subject  to  appeal  to  the  district 
committee  or  committees  having  jurisdiction,  whose  decision  shall  be  final. 


72  Virginia  Election  Laws 

Primaries   for  Members   of   the  General  Assembly   and  County  and  City 

Officers. 

County  and  city  committees  shall  have  the  direction  and  regulation  of  primaries  held 
for  the  nomination  of  candidates  for  members  of  the  General  Assembly,  county  and  city 
offices,  respectively,  and  shall  decide  contests  subject  to  the  right  of  appeal  to  the  con- 
gressional district  committee,  whose  decision  shall  be  final.  County  and  city  committees 
shall  have  the  right  to  determine  whether  nominations  for  county  and  city  offices  shall 
be  made  by  primary  or  by  some  other  method. 

At  all  primary  elections  held  for  the  nomination  of  candidates  for  members  of  the 
General  Assembly,  and  for  county  and  city  offices,  the  poll  books  shall  be  sealed  and  re- 
turned by  the  persons  conducting  the  elections,  as  provided  by  law,  and  preserved  by  the 
respective  county  or  city  committees  for  a  period  of  at  least  twelve  months. 

In  all  nominations  for  members  of  the  General  Assembly,  it  shall  be  discretionary 
with  the  properly  constituted  committees  of  the  counties  composing  the  legislative  district, 
whether  House  or  Senate,  having  charge  of  such  nominations  as  to  whether  such  nomi- 
nations be  made  pursuant  to  said  primary  plan  or  by  some  other  method. 

In  the  selection  of  all  county  or  city  committees  the  method  adopted  may  be  by  primary 
election  or  otherwise,  as  the  local  committee  may  direct. 

In  the  event  of  a  vacancy  occurring  after  the  nomination  of  a  candidate  and  before 
th  election,  then  the  committee,  whose  duty  it  would  be  to  hold  a  primary  to  fill  such 
vacancy,  shall  determine  the  manner  in  which  such  vacancy  shall  be  filled. 

Primary  elections  held  under  this  plan  must  be  governed  by  the  Act  of  the  General 
Assembly  approved  March  14,'  1912,  entitled  an  Act  to  establish  and  regulate  the  holding 
of  primary  elections. 


VIRGINIA     DEMOCRATIC     ORGANIZATION,     ADOPTED     AT     THE 
STATE   CONVENTION   AT   NORFOLK,   VA.,   MAY   3,    1900,   AND 
.       AMENDED  BY  THE  CONVENTION  AT  RICHMOND,  JUNE  9,  1904, 
AND  FURTHER  AMENDED  FEBRUARY   13,   1913. 

State  Committee. 

1.  There  shall   be  a  chairman   of  the   Central   State  and   executive   committees,   elected 
by   the   State    convention    whenever   they    assemble. 

2.  There  shall  be  a  State  committee,  composed  of  five  members  from  each  congressional 
district.      Such    members    shall    be    appointed    by    the    State    conventions    on    the    nomination 
of  their   respective  congressional   delegations  ;   provided   that   such   nomination   shall   be   made 
by  at  least  a  majority  of  such  district  concurring.     Otherwise,  and  in  default  of  such  nomi- 
nation,  the   president   of   the   convention    shall   make   the   appointments    for   such    districts. 

Vacancies  in  any  such  district  committees,  after  the  same  shall  have  been  formed, 
shall  be  filled  by  the  State  committee  upon  the  nomination  of  the  remaining  members  of 
such  district  committee. 

The  State  committee  thus  constituted  is  charged  with  the  affairs  of  the  party,  and 
shall  have  power  to  perfect  its  organization  and  to  direct  its  conduct  in  obedience  to  the 
declarations  and  policy  of  the  party,  as  the  game  shall  be  set  forth  by  the  State  conven- 
tions. It  may  decide  all  questions  at  issue  which  may  arise  in  election  districts  calcu- 
lated to  affect  the  harmony  and  the  interests  of  the  party,  and  may,  in  its  discretion, 
settle  all  disputes  within  the  party  relating  to  organization  or  nominations  which  can- 
not be  settled  by  county  or  city  committees  of  the  respective  localities  affected. 

The  State  committee  shall  meet  at  such  times  and  places  as  they  may  themselves 
determine,  but  especially  at  such  time  and  place  as  the  chairman  may  designate. 

Executive    Committee. 

3.  There   shall   be   an   executive   committee,   composed   of   ten   persons,   to    be   appointed 
by   the   chairman   of   the   State   committee,    and   a   secretary,   to    be   appointed   by   the   chair- 
man,  subject   to    the    approval    of    the    committee. 

It  shall  be  their  duty  to  execute  and  carry  out  the  plans  of  the  State  committee  as  the 
same  shall,  from  time  to  time,  be  laid  down  by  that  committee,  under  whose  authority 
it  shall  act,  and  to  whose  revision  all  the  acts  of  this  executive  committee  shall  be  subject. 

Congressional  District   Committees. 

4.  The  members  from  each  congressional  district  shall   constitute  a  committee  for  that 
district,   who   shall  determine  the   basis   of   representation   and   designate   the   time   and   place 
for   holding    conventions    for    nominating    candidates    for    Congress,    and    have    charge    of    all 
matters    relating    to    the    campaign    in    their    respective    districts,    subject    to    the    control    of 
the   State  committee  or   its   chairman. 

Legislative   District   Committees. 

5.  The   chairmen   of   the   respective   county    and    city    committees    for   the    several    coun- 
ties  and  cities   composing   any  senatorial   or   legislative  district,  where  they   consist   of   more 


Virginia  Election  Laws  73 

than  one  county  or  city,  shall  fix  the  basis  of  representation  and  the  time  and  place  for 
holding  conventions  for  nominating  the  candidates  for  the  State  Senate  and  for  the  House 
of  Delegates  in  such  district. 

County  and  City  Organization. 

6.  Each  county  and  city,  by  popular  meeting,  after  due  notice,  or  through  the  medium 
of  existing  organization,  may  appoint  a  county  or  city   committee,   which   shall   be  selected 
by    the    Democratic    voters    of    their    respective    districts    or    wards.      The    number    of    com- 
mitteemen    for   each    ward    or    district   to    be    apportioned    upon    a   basis    of    the   number   of 
Democratic   votes   cast   in   the  next  preceding  gubernatorial   or   presidential   election,   as   the 
county  or  city  committee  may  determine ;  provided,  however  that  no  district  or  ward  shall 
have  less  than  two  members.     Such  committees  shall  be 'charged  with  the  affairs   and  con- 
duct  of   the   party    in    such    county    or    city,    regulating    and    directing    the   same,    either    by 
districts  or  wards,   or  otherwise  as   such   committee  may   prescribe.      Such   committees   shall 
be   reorganized  every   two  years.      All   county   and   city   committees   must   be   reorganized   in 
1901,  when  nominations  are  made  for  the  House  of  Delegates,  and  every  two  years  there- 
after. 

Such  committee  shall  elect  a  chairman,  whose  duty  it  shall  be  to  appoint  all  meetings 
and  regulate  all  affairs  as  to  the  party  which  may  affect  the  county  or  city. 

In  the  election  of  delegates  to  any  elective  district  convention,  it  shall  be  the  duty 
of  such  committee  of  the  county  or  city  to  prescribe,  by  public  notice,  whether  such  ap- 
pointments shall  be  made  by  district,  ward,  county  or  city  meeting,  or  by  primary  election, 
and  the  number  of  delegates  to  which  such  district,  ward,  county,  or  city  shall  be  entitled. 

7.  The  county   and  city  committee  will   appoint  a   superintendent  of   registration,   sub- 
ject  to   the   control   and   direction   of   the   county   and    city   chairman,   for   each   precinct   in 
their  respective  counties   and  cities. 

8.  The   county   and   city   chairmen,   together   with   the   county   or   city   committee,    shall 
appoint  five  or  more  reliable  precinct  committeemen  one  of  whom  shall  be  appointed  chair- 
man  or  chief  of  said   committee.     The  duty   of  this   committee   shall   consist   in   listing  the 
votes  of  the  precinct  and  a  division  of  the  same  into  fifties   and  tens,  each   division  being 
placed  in   charge  of  a  chief  and   leader,  to   be  selected   from   the  most   reliable   workers   of 
the  party.     This  committee  will  take  charge  of  the  party's   interests   at  the   precinct. 

Proxies. 

9.  In    no   committee   or   other   representative   body   of   the   party   shall   any   member   be 
permitted  to  vote  by  proxy,   or   otherwise   delegate   his   powers,   unless   expressly   authorized 
so  to  do  by  the  power   appointing  him. 

J.   N.   BRENAMAN,  J.   TAYLOR   ELLYSON, 

Secretary.  Chairman    State    Committee. 

Richmond,   Va.,   February    13,    1913. 


INDEX 


ABSENT  VOTERS. 

PAGE 

In  general 45,  48 

May   vote   when 45 

Notice  of  intention  to  vote,  when  and  to  whom  given 45 

Application  for  ballot,  how  forwarded 45 

— effect  of  failure  to  register 45 

Return  envelope,  how  directed  when  voter  out  of  jurisdiction 

of   United   States    45 

— when  voter  in  army  or  navy 45 

When  envelope  containing  ballot  to  be   opened 46 

Opening  envelope,  marking  and  returning  ballot 46 

— when  voter  is  out  of  jurisdiction  of  the  United  States 47 

— when  Voter  is  in  army  or  navy 

Sealed  ballot,  called,  checked  and  deposited  in  regular  box.  .  .  47 
Empty  envelope,  applications,  and  rejected  ballots,  disposition 

of 48 

Electoral  board  to  furnish  ballots  to  registrars 47 

Fees  of  registrar    48 

— posting  notices    48 

Judge  of  elections  to  open  box  containing  ballots 47 

Registrar,  duties  of  on  receipt  of  application  for  ballot 45 

— book  kept   by    45 

— what  to  enclose  in  letter    46 

— -return   of   unused  ballots 47 

— list  of  names  of  voters  furnished  with  ballots 47 

— deposit  of  return  ballot  by 

— list  of  voters  who  have  applied  for  ballots 47 

— copy    posted 47 

— delivered  to  judge  of  election 47 

Postmaster,    duties   of    46 

Postal  clerk  and  rural  letter  carrier,  duties  of . 46 

Consular   officer,   duties   of 46 

Army  and  navy  officer,   duties  of 46 

Offenses,  penalties  for 48 

Disqualification   from   franchise    48 

Disqualification  from  holding  office    48 

ATTORNEY  GENERAL. 

See   Election  of  Particular  Officers. 

BALLOTS. 

General  Assembly  to  provide  for  (Va.  Const.) 4 

Contents   (Va.  Const.)    4 

Substitution  of  names  on   (Va.  Const.) 4 

Secrecy  of   (Va.  Const.)    4 

Election   to   be   by    32 

How    delivered    32 

Contents  of   .   32 

How  and  when  printed,  form  of 33,   34 

Oath  of  printer 

For  presidential  electors    

Duties  of  electoral  boards    .  34 


76  Virginia  Election  Laws 

PAGE 
Ballots — Continued. 

Sealing  of  by  electoral  board 34 

How   and   when    opened 34,  35 

Delivery  to  judges 34,  35 

Unused   ballots    35 

Erasure  of  names  on  and  substitution  of  others 35 

Not  to  be  carried  away  or  copied,  penalty 36 

Defaced    ballots    V 36 

Improperly  printing,  or  giving  information  about,  or  counter- 
feiting   37 

Form  of  when  question  submitted 37 

Received,   how    38 

Void,  when    40 

Sealing 40 

Where  kept  and  for  how  long 40 

Destroyed,    when     40 

Messenger  to   obtain    40 

Changing  ballots  of  another  fraudulently,  penalty $3 

Fraudulently  putting  ballot  in  box,  penalty 63 

BALLOT   BOXES. 

General    Assembly    may    provide    for    voting    machines    (Va. 

Const. )     5 

Persons   approaching    35 

How  provided  and  kept 37 

Opened,  emptied,   and  closed  before   election 38 

Kept  in  public  view  during  election 38 

— Virginia   Constitution    36 

BOARD  OF  STATE  CANVASSERS. 

See   Count   of   Votes,    Returns   and   Canvass. 

CANDIDATES. 

Notification  by  of  intention  to  become 32 

Procedure   to   become    32 

Committees  of  parties  to  furnish  electoral  boards  names   of 

candidates 52 

Expenditures  by,  when  prohibited   58 

— by  another  on  behalf  of 58 

— penalty    58 

Statement  of  expenditures 

— when  and  where  filed 58 

— what  to  contain    58 

— oath  to    58 

— penalty  for  failing  to  file    59 

— officer  not  to  qualify  until  filed 59 

— nor  to  receive  salary 59 

Certificate  of  election  not  to  issue  until  statement  of  expenses 

and  oath  filed  by  candidate    . 59 

CANVASS. 

See    Count    of   Votes,    Returns    and    Canvass. 

CITY  ELECTIONS. 

Clerks  of  Court    65 

Commonwealth's  Attorneys 65 

Mayor    65 


Virginia  Election  Laws  77 

PAGE 
City  Elections — Continued. 

Councilmen     65 

— terms   of    65 

Sergeants 65 

Registration  of  voters  in  cities  of  more  than  fifty  thousand 

inhabitants 67 

Authorizing  use  of  voting  machines  in  certain 68 

CLERKS  OF  COURTS. 

See   Election   of   Particular   Officers. 

CLERKS  OF  ELECTION. 

Appointment 13,   30 

— Virginia   Constitution 

Removal 14 

Term     30 

Qualification     31 

Oath    30,  31 

Delivery  of  poll  books  and  ballots  to.  . 40 

Destruction  of  poll  books  and  ballots 40 

Making  and  certifying  abstracts  of  votes ' 41 

To  make  and  deliver  certificates  of  election.  .  . 42 

Absence,  who  to  perform  duties 42 

Interference  with  or  abuse  of    44 

Compensation    44 

Failing  to  attend,  penalty 62 

COMMISSIONER  OF  AGRICULTURE  AND  IMMIGRATION. 

See   Election  of  Particular  Officers. 

COMMISSIONERS  OF  ELECTION. 

Appointment     • 40 

Clerk    of    40 

Meeting    40 

Duties  and  powers    40 

Vacancies    40 

Oath    40 

Penalties    40 

Irregularities  in  returns  corrected  by   41 

Summons  issued  by 41 

Tie  vote,  how  determined 41 

Abstract  of  votes 41 

Compensation 44 

In   towns 64 

Failing  to  attend,  penalty 62 

COMMISSIONER  OF  THE  REVENUE, 
COMMONWEALTH'S   ATTORNEY, 
CONGRESSMEN,   CONSTABLES. 

See   Election    of   Particular   Officers. 

CONTESTED   ELECTIONS. 

In   general    60,  62 

Attorney  General    61 

— how   determined    .  61 


78  Virginia  Election  Laws 

PAGE 
Contested    Elections — Continued. 

Appeal    62 

Certificate  of  election    . 61 

Commissioner  of  Agriculture  and  Immigration 61 

— how   determined    61 

County,  corporation  and  district  officers 61 

Depositions     60,   61 

For  General  Assembly 60 

— when  and  where  petition  presented   60 

— tie,   new   election    61 

Governor    61 

— how   determined    61 

Lieutenant  Governor 61 

— how   determined    61 

Notices    60,  61 

Secretary  of  the  Commonwealth    61 

— how   determined    61 

Special  court  to  determine    61 

State    Treasurer    61 

— how   determined    61 

Superintendent  of  Public  Instruction 61 

— how   determined    61 

Vacancies  as  result  of  contested  election 59 

Void  if  provisions  of  chapter  16  violated 59 

Witnesses,    immunity   to    59 

— how  summoned  and  paid 60 

CORPORATION   COMMISSION. 

See    Election    of    Particular    Officers. 

COST. 

Cost  of  election    37 

COUNT  OF  VOTES,  RETURNS  AND  CANVASS. 

Secrecy  in  canvassing  ballots  prohibited    (Va.   Const.) 4 

Voting  machines,   General  Assembly  may  provide  for  use  of 

(Va.    Const.)     5 

Determination   of    24 

Returns,    counting    .  . 24 

Corrections,  of  irregularities  in  returns 41 

Votes,  when   canvassed    39 

How  canvassed,  who  present    39 

How  votes  counted  and  returns  made 39 

— in  town  election    64 

Tie,  how  election  determined    41,  43 

Abstract  of  votes,  to  whom  certified  and  forwarded 41 

— penalty  for  failure  to  make 41 

Board  of  State  Canvassers 42 

— how   constituted    42 

— election  returns,   how  canvassed   by 

— certificates   of  election    42 

— ties,  how  to  determine 43 

Certificate  of  who  to  receive 41 

— how  made  out  and  delivered .- 42 

— when   Secretary  of  Commonwealth  to  give 42 


Virginia  Election  Laws  79 

PAGE 

COUNCILMEN, 
COUNTY  TREASURER. 

See   Election   of   Particular   Officers. 

DISTRICT   OFFICERS. 

Duties,  when  to  begin   27 

Election    27 

— contested    61 

Primary  election  of,  abstract  of  votes  cast  for,  to  whom  for- 
warded     55 

— fees  from  candidates,  division  of 57 

Improper  expenditures  by  candidates  for 58 

— by  another  in  his  behalf 58 

— penalty    58 

Statement  of  expenditures    58 

— when   and   where    filed    58 

— what  to  contain    58 

— oath  to    58 

— penalty  for  failing  to  file 59 

— not  to  qualify  until  filed 59 

— nor  to  receive  salary   59 

ELECTION    DISTRICTS. 

Appointment  of  registrar  for 13 

Change  of  boundaries   18,  29 

— duty   of  registrars    18 

How  constituted    29 

Number  of  increased  or  diminished    29 

In   cities    30 

ELECTION  OF  PARTICULAR  OFFICERS. 

Attorney  General 24 

City    officers    26,   65 

— councils     65 

— mayor 26,   65 

— sergeant    26 

— treasurer    26 

— commonwealth's   attorney    26,   65 

— commissioner   of   revenue    26 

Clerk  of  the  court    25 

— for  city  of  Richmond 26 

— for  city  of  Bristol    26 

— for  city  of  Radford    26 

— for  city  of  Buena  Vista    26 

— for  city  with  population  of  thirty  thousand  or  more 26 

Clerk  of  city  courts 26,   65 

Commissioner   of   Agriculture   and    Immigration 24 

Commissioners  of  the  revenue    25 

— in  cities    26 

Commonwealth's    attorney    25 

— in  cities 26,   65 

Congressmen     7 

— apportionment    7 

— one   from   each   district 8 

— how  and  when  elected    .  8 


80  Virginia  Election  Laws 

PAGE 

Election  of   Particular  Officers — Continued. 

— vacancy,   how  filled    

i          Constable     

— additional    26 

Corporation  Commission,  members  of 

Councilmen   of  city    65 


— U.L    town    

County   treasurers    

District    officers 25 

Governor     

— to  fill  vacancy  in  office  of 

House  of  Delegates,  members  of 

— apportionment    

— vacancy,   how  filled    11 

Justices  of  the  peace 

— additional   justices    26 

Lieutenant   Governor    

Mayor,  of  city   26,   65 

—of  town    

Officers  of  cities  and  towns 

Overseer  of  the  poor 

•    Presidential  electors,  number 

— how  and  when  chosen   

— election  and  meeting 

— vacancies    

— compensation    

—ballots   

— list  of  furnished  to  Secretary  of  the  Commonwealth 

Secretary  of  the  Commonwealth   

Senate,   apportionment    10 

— members,  when  elected    

— vacancy,   how  filled    11 

Senators  of  United  States 

— to  fill  vacancy  in  office  of 

Sergeant  of  city  or  town    26 

Sheriff    25 

State    Treasurer    

Superintendent  of  Public  Instruction 

Supervisors    .  .  . 

Vacancies,   elections  to  fill    27,  44 

— in  General  Assembly    11 

ELECTORAL   BOARDS. 

Apportionment 13 

— Virginia   Constitution 

Terms  of  members 13 

— Virginia   Constitution 

Vacancies    : 13,   15 

— Virginia   Constitution    

Powers  and  duties    13 

— Virginia   Constitution    

Number  of  members    13 

— Virginia   Constitution 

Eligibility,  holding  other  office   13 

— Virginia   Constitution    

Qualification   of  members 

Chairman   and  secretary    

Appointment  of  commissioners   of   election 40 

— for   primary   elections    

— to  fill  vacancies    

Appointment  of  judges    13,  30 


Virginia  Election  Laws  81 

PAGE 

Electoral  Boards — Continued. 

— for  primary  elections    50 

— Virginia   Constitution 4 

— penalty  for  failing  to  appoint 30 

— removal    

— for  towns 64 

Appointment  of  clerks 13,  30 

— Virginia   Constitution    4 

— penalty  for  failing  to  appoint 30 

— removal    14' 

Appointment  of  registrars   13,   14 

— Virginia   Constitution    •.  .  .  4 

— removal    14 

— for  towns 64 

Secretary    13 

— expenses   of    . 14 

— notice  of  election  to  Secretary  of  the  Commonwealth 32 

— custody  of  seal 34 

— custody  and  delivery  of  ballots 34,  35 

— penalty  for  failure  to  perform  duty 35 

Meetings    14,  34 

Record  of  proceedings    14,  34 

Pay  and  mileage 14,   33 

— oath  of  claim 14 

Seal,  custody  and  use  of 34 

Stationery  and  postage  for .  14 

New  registration  of  voters,  when 14 

— procedure  for    14 

To  order  registration  books  copied,  when 15 

To  direct  registration  books  to  be  purged 20 

Duties  as  to  printing  ballots    33 

— compensation  for 33 

Arrangement  of  voting  places    35 

Improper  distribution  by  of  ballots  or  giving  information  with 

respect  thereto  or  counterfeiting,  penalty 37 

To  provide  ballots  for  primary  elections 53 

Appointment  of  judges  of  election  and  registrars  for  towns.  .  64 

EXPENSES  OF  CANDIDATES. 

See  Candidates.  'jj 

FEES. 

Of  clerks  of  courts 44 

Of  sheriffs  and  sergeants  for  posting  notice  of  election 44 

GENERAL  ELECTIONS. 

Where  held    29 

Time   of   holding 29 

Preservation  of  order  at 43 

GOVERNOR, 

JUSTICES  OF  THE  PEACE. 

See  Election  of  Particular  Officers. 

JUDGES   OF   ELECTION. 

Appointment 13,  30 

— for  towns 64 


82  Virginia  Election  Laws 

PAGE 

Judges    of   Election — Continued. 

— Virginia   Constitution    4 

Qualification    13,  30,  31 

—Virginia   Constitution    . 

Vacancies 14 

Removal    14 

Oath    31 

Term    30 

List  of  paid  poll  taxes  furnished  to 

—Virginia   Constitution    

Failure  to  attend,   selection   of  substitute 30 

—penalty 62 

To  receive  books  from  and  return  same  to  registrar 19 

Delivery  of  ballots  to    35 

— certificate   of  receipt    

— opened  and  counted 35 

— unused  ballots    35 

Penalty  for  failing  to  perform   duty 

Decision  of  dispute  as  to  precedence  of  electors 

May  cause  arrest  of  person  copying  or  carrying  away  ballot.  .          36 

Assistance  of  voters  by 36 

Improperly  distributing,  or  giving  information  with  respect  to, 

or  counterfeiting  ballots,  penalty    

Ballot  boxes  kept  by 

To  open,  empty  and  close  ballot  boxes  before  election 

Duty  with  respect  to  receiving  ballot  from  voter 

When  may  register  vote   

Duty  to  challenge  voter 38 

Trial  of  challenge    

Closing  polls,  proclamation  by  judges 

Canvass  of  vote  by 39 

Votes  counted  and  returns  made 

To  prevent  intimidation  of  voters 

May  order  arrest  of  persons  intimidating  voter 

May  commit  person  to  jail  for  disturbing  election 

Appointment  by,  of  persons  to  preserve  order  at  elections.  .  .  . 

Compensation 44 

In   towns    64 

Duty,  in  town  election 64 

LIEUTENANT  GOVERNOR. 

See  Election  of  Particular  Officers. 

MESSENGER. 

To  obtain  poll  books  and  ballots 40 

Compensation    40 

Penalties    40 

Sent  for  returns 42 

Compensation    44 

Neglect   of   duty   or   corrupt   conduct 62 

NOTICES. 

How  given    60 

OFFENCES. 

Registrar  failing  to  deliver  registration  books 19 

Hindrance  or  disturbance   of  registrars 19 

By  electoral  board    30 

Printing  ballots,  violation  of  duty  with  respect  to 33 


Virginia  Election  Laws  83 

PAGE 
Offences — Continued. 

Violation  of  oath  by  printer  of  ballots 

Wilful  violation   of   section   159;   opening   sealed  package   of 

ballots   35 

Carrying  away  or  copying  ballot 

Assisting  or  advising  voter 36,   62 

Disposing  of,  giving  information  with  respect  to,  or  counter- 
feiting ballots 37 

Crowds,  congregation  at  polling  places 

For  which  no  punishment  otherwise  provided 37 

Certificate  of  election,  clerk's  failure  to  make  out  and  deliver. 

Intimidation   of  voters    •  •  •  •  • -m 

Intimidating  or  interfering  with  election  officers 

Disturbance   of    44 

Fraud  on  law  relating  to  voting  by  absent  voter 

Improper    expenditures   by    candidates. 58 

— by  another  on  behalf  of 58 

Candidate  failing  to  file  statement  of  expenditures 

Judges,   clerks,   etc.,   failing  to   attend 62 

Officers,  neglect  of  duty  or  corrupt  conduct 62 

Voting  illegally    63 

— aiding  or  advising 63 

— in  district  in  which  voter  does  not  reside  or  is  not  registered.  63 

— more  than  once  at  same  election 63 

— with  unlawful  intent    .  , 63 

— attempting  to  influence    63 

—attempting  to   deter    63 

— furnishing  false  ballot 63 

— fraudulently  changing  ballot    63 

— by  nonresident    •  •  •  • 63 

Giving  or  receiving  bribe  for  vote 63 

Wilfully  rejecting  or  corruptly  registering  voter 63 

Altering,  destroying,  etc.,  books  of  registration 63 

OFFICERS. 

Eligibility  to  office   (Va.  Const.) 5 

Terms  of  office  ( Va.  Const. )    5 

Oaths  of  officers   (Va.  Const.)    5 

See  Election  of  Particular  Officers. 

OVERSEERS  OF  THE  POOR. 

See  Election  of  Particular  Officers. 

POLL    BOOKS. 

How  furnished 31 

Form   of 31 

Sealing    40 

Destroyed,  when 31 

Messenger  to  obtain    40 


POLLS. 


Polling  places 

— in   cities    30 

— arrangement    

When  opened  and  closed   32 

How  closed    39 

Persons  approaching  ballot  box   35 


84  Virginia  Election  Laws 

PAGE 
Polls — Continued. 

Crowds  forbidden    : 37 

Town  elections,  opening 

— closing    64 

PRESIDENTIAL  ELECTORS. 

Number,  choice  of,  etc 8 

List  of  furnished  to  Secretary  of  Commonwealth 34 

Ballots,  vote 34 

Certificate  of  election  of 42 

Tie  vote  for,  how  determined  .  .  .  .^ 43 

Law  relative  to  primary  elections  not  applicable 50 

PRESS. 

Freedom  of   (Va.  Const.) 13 

— law  abridging  prohibited  (Va.  Const.) 59 

PRIMARY  ELECTIONS. 

Who  may  vote    (Va.   Const.) 5 

General  Assembly  to  enact  laws  to  regulate  (Va.  Const.) .... 

General  provisions   for    49,  57 

Construction   of   words    49 

Nominations,  of  what  candidates  applicable  to 49 

— to  which  not  applicable 50 

When  held    49 

How   held    50 

Jurisdiction  of  courts  to  enforce  law  relating  to 50 

Clerks,  appointment  of   50 

—duties   50 

— not  to  influence  voter   '  50 

— penalty  for  violating  law   41 

Electoral  boards  to  appoint  judges   50 

Vote  required  to  nominate   50 

— tie,  how  determined 50 

— abstract  of,  to  whom  forwarded 55 

— delivery  to  special  messenger. 

Parties,  rights  and  powers  of 50 

Electoral  board,  duty  to  print  and  deliver  ballots  to  judges  of 

election    53 

Poll  books    53 

— sealing    53 

— delivery  to  clerk  of  court    53 

— penalty  for  stealing,  destroying,  etc 56 

Special  messenger,  when  sent  for  returns 

— penalty    

— compensation • 

— when  sent  for  abstract  of  votes 55 

— expense    e 55 

Irregularities  in  returns,  how  corrected 54 

Abstract  of  votes  cast   55 

— forwarded  to  whom .  55 

— delivery  to  special  messenger 

Publication  of  names  of  persons  receiving  nominations 55 

Expenses,  how  paid    56 

When  no  primary  shall  be  held 56 

Contest  of  election,  how  and  when  conducted 56 

— immunity   of   witnesses    59 

Polls,  candidates  to  have  representatives  at 56 


Virginia  Election  Laws  85 

PAGE 

Primary    Elections — Continued. 

— preservation  of  order  at 57 

Certificate  of  election  not  to  issue  until  statement  of  expenses 

and  oath  filed  by  candidate 32 

Declared  void  if  chapter  16  has  been  violated 59 

Ballots. 

When  name  of  candidates  printed  on 51 

How  arranged,  printed  and  provided 53 

Form 53 

Number  of 53 

Delivery   to   judges 53 

Disposition  of  unused    53 

Delivery  of  to  clerk  of  court 53 

Ballot  boxes 53 

— penalty  for  stealing,  breaking,  etc 56 

Candidates. 

Declaration  to  be  made  by 51,  52 

— form  of 51 

—acknowledgment   of    51 

— receipt  for  fee  to  accompany 57 

When  names  printed  on  ballot 51 

Name  of,  furnished  to  electoral  boards 52 

Statement  of  expenditures    • 52,  58 

— when  and  where  filed    58 

— what  to  contain    58 

—oath  to 58 

— penalty  for  failing  to  file   52,  59 

— officer  not  to  qualify  nor  receive  pay  until  filed 59 

Expenditures,  limit  of   52 

— penalty  for  exceeding    52 

— when  prohibited    58 

— by  another  on  behalf  of   58 

Order  of  names  on  tally  sheets 53 

When   declared  nominee  without  primary 56 

Representative  of,  at  polls   56 

Fees  of 57 

— to   whom   paid    . 57 

Judges. 

Appointment    50 

Duties 50 

Not  to  influence  voter 50 

Oath 50 

Vacancies    50 

Penalty  for  violating  law   50 

To  seal  poll  books   . 53 

To  deliver  poll  books  and  ballots  to  clerk  of  court 53 

Disposition  of  unused  ballots 53 

Appointment   of   constable 57 

Preservation  of  order  at  polls .  .  57 

Offenses    Relative   to. 

False  statement  by  challenged  voter 51 

Publication  advocating  election  or  defeat  of  candidates 52 

Stealing,  mutilating,  etc.,  the  ballot  box,  poll  book,  or  making 

fraudulent  entry,   etc 56 

Candidates,  failure  to  file  statement  -of  expenditures 52,  59 


86  Virginia  Election  Laws 


Primary   Elections — Continued. 

— exceeding  limit  of  expenses   

— improper    expenditures    by    

— improper  expenditure  by  another  for.  .  , 
Influencing  vote  by  soliciting,  money,  etc, 


Commissioners    of    Election. 

Appointment    

Quorum    

Duties    

Ascertaining  vote   

Abstract  of  votes   

Vacancy,  how  filled    

Oath,  powers,  penalties    

Irregularities  in  return  corrected  by 

Summoning  judges,   clerks    

Abstract  of  votes,  signed  and  certified  by 

— to  whom  forwarded 

Secretary,  appointment    

— to  make  out  abstracts  and  certificates  of  vote  cast 
— penalty  for  violating  duty 


Voters. 

Who  may  vote    51 

Challenge    .  .  .f 51 

Disqualification    of    53,   56 

Penalty  for  soliciting,  money,  etc. 53 

May  serve  summons  to  correct  returns 54 

— fee 54 

PURE   ELECTIONS. 

Provision  to  secure    58, 

Elections  declared  null  and  void  if  chapter  16  violated 

Expenditures,  by  candidates,  prohibited   

— by  another  in  behalf  of  candidate 

— penalty  for  illegal    

Statement  of  expenditures,  candidate  to  file 

— when  and  where  filed    

— what  to  contain 

— oath  to    

- — penalty  for  failing  to  file   .  .  .- 

Certificate  of  election  not  to  issue  until  statement  filed 

Officer  not  to  qualify  or  receive  salary  until  statement  filed.  .          59 

QUALIFICATIONS  OF  VOTERS. 

See  Voters. 

REGISTRARS. 

Appointment    13 

— in   cities    13 

— in  towns    64 

—  (Virginia   Constitution) 4 

Who   disqualified 

Eligibility  to   other  office    17 

—  (Virginia   Constitution)     . 4 

When  appointed    13 

Term 13 

Vacancies 13,  14 


Virginia  Election  Laws  87 

PAGE 
Registrars — Continued. 

Penalty  for  refusal  to  serve 13 

Oath 16 

— where  filed    14 

— removal  for  failure  to  file 14 

Penalty  for  not  delivering  books  to  judges 13 

New  registration  of  voters,  when . 14 

— notice   for    14 

— procedure    14 

To  copy  registration  books,  when. 15 

— who  to  be  registered  by   15 

When  to  register  voters    17 

— general  provisions    17 

Fees    16,   17 

To  strike  from  list  names  of  disqualified  or  dead  voters 17 

Duties  when  election  district  changed 18 

Party  to  appeal  from  denial  or  registration 19 

To  deliver  books  to  judges  of  election. 19 

Peace  conservator,  powers  as 19 

May  appoint  constables    19 

Hindrance  or  disturbance  of  . 19 

Purging  registration  books    20 

To  preserve  registration  books    20 

Wilfully  rejecting  or  corruptly  registering  voter 63 

REGISTRATION. 

Prior  to  1904    (Va.   Const.) 3 

After  1904    (Va.   Const.) . '. 3 

Appeals  from  denial  of   (Va.  Const.)    3,     4 

Persons  excluded    (Va.   Const.)    4 

Poll  taxes,   payment   of   as  prerequisite   to   registration    (Va. 

Const. ) .  . 3 

— who   exempt    (Va.    Const.)     4 

— enforcement  of  payment   (Va.  Const.) 4 

General  Assembly  to  provide  for  (Va.  Const.) 4 

Persons  qualified  to  next  election    (Va.  Const.) 4 

Who  to  be  registered 15 

— women 66 

— payment  of  poll  tax 15 

—  (Virginia   Constitution)     3,     4 

Persons  excluded  from    15 

—  (Virginia   Constitution)     4 

Appeal  from  denial  of 19 

—  (Virginia   Constitution)    . '. 3,     4 

When   voters   registered 17 

—  (Virginia   Constitution)     4 

Change  of,  on  permanent  registration  books. 20 

— on   election   day    38 

Voters  disqualified  or  dead,  correction  of  lists 17 

Oath 16 

Electoral  board  to  provide  for  new  registration,  when 14 

New  registration  of  voters,  when 14 

Procedure    14 

Notice 14 

Who  may  register 14 

In  cities  of  more  than  fifty  thousand  inhabitants 67 

REGISTRATION  BOOKS. 

Copying 15,  20 

Preparation  and  distribution    16 

What  to  contain  and  form  of .  .  16 


88  Virginia  Election  Laws 

PAGE 

Registration    Books — Continued. 

Separate  for  white  and  colored  voters 16 

Revision  when  boundary  of  election  district  changed 18 

How  purged    20 

Permanent   registration   books 20 

— custody 20 

— transfers   to   and   from    20 

— copying 20 

— preservation    20 

Altering,  destroying,  etc.,  penalty   63 

RETURNS. 

See   Count   of   Votes,   Returns   and  Canvass. 

Secretary    of    the   Commonwealth. 

Senators   of   the   United   States. 

Sergeants. 

Sheriffs. 

State   Treasurer. 

Superintendent  of  Public  Instruction. 

Supervisors. 

See   Election   of   Particular   Officers. 

SCHOOLS. 

Elections  for  school  purposes 27 

SPECIAL  ELECTIONS. 

Defined 13,  29 

When  held    29 

Qualification    of   voters 13 

How   held,    results    ascertained,    etc 44 

Writ   of    .  . 30 

Notice    30 

TOWN   ELECTIONS. 

Mayor 64 

Councilmen    64 

May  punish  or  expel  members 65 

Registrars  and  judges    64 

Polls    opening    64 

— closing    64 

Voters 64 

Returns 64 

Notice   of 64 

— penalty  for  failure  to  give 65 

Voting  places    64 

Removal  of  town   officers    65 

To   fill  vacancy  in   council 65 

When  town  officers  to  qualify   65 

VOID. 

If  provisions  of  chapter  16  have  been  violated 59 

VOTERS. 

Qualifications    (Va.    Const.) 3,     4 

— age    (Va.  Const.)    3 

— residence    (Va.   Const.) .     3,     4 


Virginia  Election  Laws  89 

PAGE 
Voters — Continued. 

— change   of    (Va.   Const.)    3 

— registration    (Va.   Const.)    3 

— payment  of  poll  tax  (Va.  Const.) 3 

— registration  after  1904    (Va.   Const.) 3 

— prior  to   1904    (Va.   Const.) 3 

Conditions  for  voting  (Va.    Const.) 3 

Civil   war  veterans    (Va.    Const.) 4 

Persons  excluded  from  registering  and  voting   (Va.  Const.)  .  .  4 
General  Assembly  may  provide  for  use  of  voting  machines  (Va. 

Const. )     5 

General  Assembly  to  provide  for  registering  and  transferring 

voters    (Va.    Const.)     4 

General  Assembly  may  prescribe  property  qualification  for  vot- 
ing in  county,  city  or  town  elections   (Va.  Const.) 4 

Eligibility   for   office    (Va.    Const.) ; 5 

General  Assembly  may  disqualify  for  violation  of  election  laws 

(Va.  Const.)    5 

Qualifications    of    »  .  .  12 

—  (Virginia   Constitution) .     3,     4 

— at  special   election    13 

— at  primary  election    51 

(Virginia  Constitution)    5 

Women,  when  may  vote .  .  66 

Who   disqualified 12 

—  (Virginia   Constitution)     4 

— for  fraud  on  law  relating  to  absent  voters 48 

— for  influencing  vote  by  soliciting,  money,   etc.,  at  primary 

election    53 

for  fraud,   etc 56 

— proof  that  disqualification  has  been  removed 17 

Payment  of  capitation  tax  as  prerequisite  to  voting 21,   23 

-  -(Virginia   Constitution)    3 

Residence    12 

—  (Virginia   Constitution)    3 

— legal,  who  have  not  gained 12 

(Virginia   Constitution)     4 

student    12 

inmate    of   charitable   institution 12 

— officer,  soldier,  seaman,  marine 12 

— removal  from  one  precinct  to  another 12 

—  (Virginia  Constitution)  3 

— change  of  12 

— transfer  of,  evidence  of  payment  of  poll  tax 22 

Of  cities  not  to  vote  for  county  officers 25 

Appointment  of  judges  of  election  by 30 

May  erase  name  on  ballot  and  insert  another 32,  35 

—  (Virginia   Constitution)     4 

Designation    of    candidate    for   President   and    Vice-President 

of  United  States 34 

Method   of  voting    35 

—  (Virginia   Constitution)     4 

— by  representative  bodies  to  be  vive  yoce   (Va.  Const.) ....  4 

Dispute  between  as  to  precedence,  decision  of  by  judges.  ...  35 

Order  of  voting    35 

Assistance  of,  penalty   36 

— -by  judges    36 

—  (Virginia  Constitution)  3 

Time  allowed  for  voting  36 

Challenge  of  38 

— how  tried    38 


90  Virginia  Election  Laws 

PAGE 
Voters — Continued. 

May  execute  summons  issued  by  commissioner  of  election.  ...  41 

— fee    41 

Intimidation    of    43 

— arrest  and   punishment   for 43 

— privilege,  from  arrest,  etc. 

—  (Virginia   Constitution)     4 

In  town  elections    64 

Voting  by  nonresident,  penalty    63 

Giving  or  receiving  bribe  for  vote,  penalty 63 

VOTING. 

See  Voters. 

VOTING  MACHINES. 

Authorizing  use  of  in  certain  cities 68 

WOMEN. 

When  may  vote    . 66 

Qualification    66 


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